Read the following excerpt from a US court opinion:
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of any position at the Inco plant, let alone those that were vacant or otherwise available to Plaintiff at the limited time in question. Kentucky law simply does not require the placement of a disabled worker in a job where he poses a hazard to himself or others as a form of reasonable accommodation. Blanton’s primary argument on appeal is that there still remain material issues of fact that preclude summary judgment. We are not persuaded. First, although Blanton was not estopped from pursuing his claim by reason of his representations of total disability to the Workers’ Compensation Commission and the Social Security Administration, what he related about his inability to work at the pertinent time was an important factor in the grant of summary judgment. See Blanton, 123 F.3d at 917 . Blanton had been a long-time faithful,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that previous sworn statements made by a plaintiff in his request for disability benefits is a material factor for the court to consider in determining whether he is entitled to ada relief
B. holding if a plaintiff claiming discrimination under the ada demonstrates that his or her disability played a motivating role in the employment decision the plaintiff is entitled to relief
C. holding that although disability benefits cannot be included as part of the marital estate a court may consider the waiver of retirement pension benefits in favor of disability benefits in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage of the retirement pension benefits
D. holding without applying the doctrine of judicial estoppel that the plaintiff who made sworn statements of total disability in a social security disability application and then testified at her deposition that she was not totally disabled failed to raise a genuine issue of material fact as to whether she was a qualified individual with a disability within the meaning of the ada
E. holding that whether a person has a disability under the ada is an individualized inquiry
Reply with [A, B, C, D, E] only.