Essential Functions, Reasonable Accommodation

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 of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

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

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In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty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

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

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Essential Functions › Reasonable Accommodation