Americans with Disabilities Act Discrimination Essential Functions

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

Fifth Circuit Issues First of Several Pro-Employee Decisions: ADA Accommodations Need not Relate to Essential Job Functions

The Fifth Circuit, which covers federal district courts from Texas, Louisiana and Mississippi, has been busy recently issuing decisions in the employment law arena. Surprisingly, many of these decisions from this...more

Recent ADA Decision Might Signal Broadening of the ADA’s Accommodation Provisions

The United States Court of Appeals for the Fifth Circuit recently held that accommodations under the Americans with Disabilities Act (ADA) are not limited to job modifications that enable an employee to perform essential job...more

The Working Paper - June 2013

In This Issue: - New York State Raises Minimum Wage - New York City Bans Discrimination Against the Unemployed - Employee Evaluations Play Crucial Role in Defending Against Discrimination Claims - EEOC Says...more

The Working Paper - June 2013: Court Rules That On-Time Arrival at Work May Not Be an Essential Function of an Employee’s Job

Most employers likely think that on-time arrival at work is an essential function of an employee’s job. However, a federal appeals court recently ruled that may not always be the case. In McMillan v. City of New York, 711...more

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

Employee’s Request to Move from Rotating Shift to Straight Shift not a “Reasonable Accommodation” under the ADA

The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable...more

An Indefinite Exemption From The Essential Functions Of A Job Is Not A Reasonable Accommodation Under The ADA

An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more

Fenwick Employment Brief - January 07, 2011

In this issue: California Employer Allowed to Pursue Defamation Action Against Protesting Employees; Payroll Company Not an Employer Under the California Labor Code or FLSA; PAGA Claims On The Rise – Suitable Seating Just...more

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