Essential Functions, ADA | JD Supra Law News

“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

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

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

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In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty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

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/25/2012

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

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2012

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

by Fenwick & West LLP on 1/7/2011

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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Essential Functions › ADA