Essential Functions

“Essential Functions” Under the ADA Can Include Job Functions that are Infrequently Performed

by Steven A. Rowe, David L. Woodard | Poyner Spruill LLP on 5/14/2013

The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to...more

Employer’s Judgment About What Constitutes an Essential Job Function Carries Substantial Weight

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/23/2013

Is being licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the Eighth Circuit Court of Appeals, that answer...more

Timely Arrival At Work Not Always An Essential Job Function

by Lisa McGarrity | Franczek Radelet P.C. on 3/12/2013

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

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

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

California Employer Should Have Engaged In Interactive Process Before Firing Employee

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

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 of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

No Violation of FMLA to Refuse Request for Light Duty Before Return to Work

by Vance O. Knapp | Sherman & Howard L.L.C. on 3/11/2013

Employers sometimes offer light duty work to employees who are recuperating from injuries, illnesses, or other medical conditions, when they cannot yet perform the essential functions of their jobs. Employers may have a...more

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

by Daniel A. Schwartz | Pullman & Comley, LLC on 3/6/2013

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

Rarely Performed Duties May Still Be Essential

by Baker, Donelson, Bearman, Caldwell &... on 2/18/2013

Even a rarely performed job function may still be "essential" under the Americans with Disabilities Act (ADA), the U.S. Court of Appeals for the Sixth Circuit recently ruled in Wardia v. Department of Juvenile Justice. ...more

Amended Disability Regulations: The California Fair Employment and Housing Commission Clarifies “Interactive Process” for Disabled...

by Paul Bressan, Joshua Mizrahi | Buchalter Nemer on 2/11/2013

Employment and Housing Commission (“FEHC”). These regulations clarify an employer’s obligation to provide reasonable accommodations for disabled employees and applicants, and emphasize that employers must engage in a prompt,...more

Disability Discrimination Claim Failed Where Employee Admitted Her Disability Made It Impossible For Her To Fulfill Her Job Duties

by Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 2/4/2013

An employee brought a lawsuit against her employer claiming disability discrimination after she was terminated from her employment. The United States Court of Appeals for the Ninth Circuit held that the employee could not...more

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2013

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

Police Department Is Not Required To Rehire Disabled Officer Who Is No Longer Able To Perform Essential Functions Of The Job

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 12/27/2012

In Liu v. City and County of San Francisco (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 11, 2012), a California court of appeal considered whether a city police department violated the California Fair Employment and...more

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