News & Analysis as of

Disability Discrimination Discrimination Essential Functions

FordHarrison

Superhero Amputee Wrestles with Work Limits, Disability Harassment

FordHarrison on

Discrimination under the ADA is defined as the failure of an employer to make reasonable accommodation to an otherwise qualified individual with a disability....more

U.S. Equal Employment Opportunity Commission...

EEOC and Cumbres & Toltec Scenic Railroad Conciliate Disability Discrimination Charge

Heritage Railroad Failed to Adequately Assess Accommodation for Applicant, Federal Agency Charged - DENVER - Cumbres & Toltec Scenic Railroad (C&TS) has agreed to conciliate a disability discrimination charge with the...more

Pullman & Comley - Labor, Employment and...

Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive...

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more

Winstead PC

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

Winstead PC on

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

Poyner Spruill LLP

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

Poyner Spruill LLP on

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

Franczek P.C.

Timely Arrival At Work Not Always An Essential Job Function

Franczek P.C. on

In a case involving a schizophrenic employee whose medication caused him to feel drowsy and sluggish in the morning, the Second Circuit Court of Appeals has ruled that on-time arrival at work is not always an essential job...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Employer Should Have Engaged In Interactive Process Before Firing Employee

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

Pullman & Comley, LLC

Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always

Pullman & Comley, LLC on

Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is an essential function of the position, and a plaintiff’s inability to arrive on time would result...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide