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William J. Blanton v. Inco Alloys International, Inc.

Citation: 123 F.3d 916Docket: 96-5043

Court: Court of Appeals for the Sixth Circuit; October 9, 1997; Federal Appellate Court

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William J. Blanton appealed against Inco Alloys International, Inc., following a prior ruling on March 4, 1997. The Equal Employment Opportunity Commission (EEOC) filed a petition for rehearing, prompting the court to issue a supplemental opinion. The court reaffirmed its earlier opinion, clarifying that it did not endorse judicial estoppel in this context. It found that, based on overwhelming medical evidence and Blanton's own admissions, he was legally unable to perform his job as an extrusion press crew leader.

The court referenced the D.C. Circuit's ruling in *Swanks v. Washington Metropolitan Area Transit Authority*, which established that receiving disability benefits does not bar subsequent claims under the Americans with Disabilities Act (ADA) and that prior sworn statements can be considered. Inco contended that two precedents, *Monette v. Electronic Data Systems Corp.* and *Hankins v. The Gap, Inc.*, warranted upholding the summary judgment in their favor. The court disagreed, stating that Blanton sufficiently demonstrated an issue of material fact regarding his efforts to return to work and that he had proposed reasonable accommodations.

Ultimately, the court affirmed in part, reversed in part, and remanded the case for further consideration of whether Inco failed to accommodate Blanton appropriately by not considering him for a vacant position. The court also set aside the district court's summary judgment that stated Blanton was unable to perform routine tasks in relation to Inco's duty to accommodate. The ruling indicated that any backpay awarded could be adjusted to prevent double recovery.