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Discrimination › Reasonable Accommodation › Essential Functions

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
FordHarrison

Superhero Amputee Wrestles with Work Limits, Disability Harassment

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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

U.S. Equal Employment Opportunity Commission... on

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...

Pullman & Comley - Labor, Employment and... on

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

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

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

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

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

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

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

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

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

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

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

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

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

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