Turner V Hershey Chocolate Case Analysis

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Case Analysis Paper / Discussion MBA 623 Name: Patel Mukeshkumar Shamalbhai Paper # Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) Word Count: _______ I. Citation: Turner v. Hershey Chocolate USA, 440 F.3d 604 [3d Cir. 2006] II. Issue and Rule: The district court granted the defendant’s motion for summary judgment on the plaintiff’s disability claim. The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual. The central issue in this case is Hershey’s obligation …show more content…

While employed at the Hershey Chocolate USA, Turners claims have been essential accommodation on defendant. In this case the looking the material facts in the light most favorable to the Turner, it is difficult to conclude the material of the law, based on the evidence that Turners directly threaten to its employees or place an “Undue hardship” on Hershey. Therefore, the question whether Turners can perform the essential function of her position with reasonable accommodation is an open material fact for trial. Hershey will have a opportunities at trial to defeat Turners claim by presenting that her proposed accommodation would make vulnerable the health safety of its employees therefore an employer is not requires to accommodate an employee. Moreover, it would carry out an undue hardship that even with the accommodation. Turner would still be unable to perform work on lines 8 and 9. This matter should be used by a jury based upon fully developed evidence …show more content…

In determining whether a genuine issue of the material fact whether a genuine issue of material fact occurs regarding the reasonableness of the requested accommodation, we first examine whether Turners facial presenting that her proposed accommodation is possible. If appellant has made out a prima facie showing, the load then shifts to prove a favorable defense, that the accommodations requested by Turner are unreasonable or would cause an undue hardship on the employer. In contrast, If Turner has satisfied her initial burden, Turners proposed accommodation seems practical. At this time, Hershey rotations policy is new one which had never been required of employees in Turners position. If Turner 's proposed accommodation would permit the new rotation program to endure, even though on a modified basis. Under Turners proposed accommodation, each inspector could continue to rotate on the hourly basis, with Turners, herself, rotating only between line 8 and 9. Hershey has not put up with that because this is not practical or

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