News & Analysis as of

Essential Functions Americans with Disabilities Act

Employer Not Required to Pay for Medical Treatment or Provide Teamwork Structure as ADA Accommodations

A recent decision from the Second Circuit Court of Appeals illustrates the limits of employers’ obligations to accommodate employee disabilities under the Americans with Disabilities Act (ADA). Stevens v. Rite Aid Corp....more

Fear Not: Employees’ Phobias May Not Relieve Them of Essential Job Duties

by Nexsen Pruet, PLLC on

From agoraphobia to xenophobia, employers should be well aware that there is a long list of phobias—including more common disorders such as social anxiety disorder—that can be considered disabilities under the Americans with...more

Second Circuit Reverses ADA Jury Verdict for Pharmacist with Fear of Needles

by Robinson & Cole LLP on

In Stevens v. Rite Aid Corp., No. 15-277 (March 21, 2017), the U.S. Court of Appeals for the Second Circuit reversed a jury award of almost $2 million in favor of a pharmacist who suffered from a fear of needles because he...more

Needle and the Damage Done: Pharmacist’s Phobia Not Enough for ADA Claim

Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more

Be Careful With That! – Second Circuit Dismisses Failure to Accommodate Claim Brought by “Needle Phobic” Pharmacist

On March 21, 2017, the Second Circuit affirmed the dismissal of a former Rite Aid pharmacist’s claim against Rite Aid for refusing to accommodate his “needle phobia.” In 2011, Rite Aid altered the job description for its...more

Breaks and Flexible Hours Not a Reasonable ADA Accommodation for Frequently Absent Employee, Court Holds

by Jackson Lewis P.C. on

Employers can easily feel overwhelmed when it comes to enforcing employee attendance standards while providing reasonable accommodation to employees with chronic health conditions. Increasingly, however, court decisions such...more

Anxiety, Absenteeism, and the ADA

As accommodating and flexible as the Americans with Disabilities Act (ADA) compels employers to be, the harsh reality is that there are some jobs that a person with certain disabilities simply cannot do. When an employee...more

Long-Term Shift of Essential Job Functions May Remove Them as Mandatory Qualifications

The Americans with Disabilities Act (ADA) only requires employers to provide accommodations that allow the disabled employee or applicant to perform the essential functions of the job. The employer is not required to shift or...more

Does the ADA Protect a Customer Service Agent With Dissatisfied Customers? The Ninth Circuit Says No

The Ninth Circuit Court of Appeals recently ruled against a failure-to accommodate claim brought by a customer service employee who was fired for poor performance. According to the court, the former employee, who suffered...more

Sign of the Times: EEOC Settles Case of Employer Failing to Provide ASL Interpreter for Job Interview

A deaf person applies for a job and the employee who takes applications asks you “how can a deaf person do this job?” What if an essential function of the job requires interaction with the public or the ability to communicate...more

Telework Under The ADA & Other Nondiscrimination Laws

by Littler on

A workforce that adheres to a traditional work style, or a consistent eight-hour workday in the same location – with no offsite work or interaction with business colleagues or customers – is increasingly becoming a relic in...more

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

CAS Legal Mailbag Question of the Week – May 2016

by Shipman & Goodwin LLP on

Dear Legal Mailbag: One of my teachers, Mal Content, has always been curt and lacking in compassion for his students. However, Mal seems to be getting worse and worse. Originally published in the CAS Weekly...more

EEOC issues new guidance on leave of absence and ADA accommodations

by McAfee & Taft on

On May 9, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This...more

Clearly Defining the Essential Functions of the Job Can Make or Break Your ADA Case

As a recent federal appellate decision confirmed, the Americans with Disabilities Act does not require employers to always accommodate a disabled employee. Instead, it is the employee’s burden to first show that he or she...more

Permanent Light Duty Not Required Under ADA

Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more

Eleventh Circuit Recognizes Pregnancy Complications as ADA Disability, but Says Employer Does Not Have to Waive Mandatory Overtime

The Americans with Disabilities Amendment Act significantly broadened the definition of protected disabled individuals under federal antidiscrimination law. In subsequent rules implementing ADAAA, the Equal Employment...more

Fourth Circuit Says Driving May Not Be Essential Job Function for Traveling Salesperson

Most employers would assume that a traveling salesperson who could no longer drive due to a medical condition cannot perform the essential functions of her job. The Americans with Disabilities Act only requires accommodations...more

Is Driving An “Essential Function Of The Job” For Your Road Warriors?

If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all? In what I consider to be a very significant...more

Light Duty Takes Hard Hit

by Laner Muchin, Ltd. on

Many employers have what they call “light duty” policies whereby they allow employees to continue working even though the employees are unable to perform some of the essential functions of their jobs. Very few employers can...more

Employer Not Required to Accommodate Inability to Work Predictable Hours

In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more

Death Threats Lead To Employer's ADA Victory

by Fisher Phillips on

It is rare that the most employee-friendly of all federal appellate courts cites “common sense” in support of one of its decisions. The 9th Circuit Court of Appeals recently did just that, however, dismissing a disability...more

Americans with Disabilities Act: Focusing on Reasonable Accommodations

by Smith Anderson on

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination

by Weintraub Tobin on

Joining similar holdings from several other circuits, the Ninth Circuit recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a...more

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified”...

by Stoel Rives LLP on

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence...more

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