Job Description Mistakes You Don’t Want to Make
Seyfarth Synopsis: In Flaherty v. Entergy Nuclear Operations, Inc., ___ F.3d ___, No. 18-1759, 2019 WL 7046367, at *1 (1st Cir. Dec. 23, 2019), the First Circuit struck a terminated nuclear plant security officer’s...more
The retail setting is a particularly difficult one in which to make accommodations. This is because retail employees engage in a host of different duties that require all manner of physical activities. Those who are...more
A good job description can equip an employer with the best possible workforce available. Inaccuracies and oversights, however, can entangle your company in litigation for years. Bethany Salvatore and Bryant Andrews talk us...more
Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans...more
As technology changes, courts have increasingly accepted disabled employees’ arguments that they can remotely perform the essential functions of their jobs. Therefore, telecommuting may be recognized as a form of required...more
Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an employer to provide a...more
On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the...more
On October 16, 2017, the Supreme Court rejected an employee’s petition for review of a decision in Stevens v Rite Aid Corporation. Stevens sued under the Americans with Disabilities Act (“ADA”) for alleged discriminatory...more
Seyfarth Synopsis: In a recent win for employers, the Fifth Circuit clarified that opened-ended or unlimited requests to work from home are unreasonable under the Americans with Disabilities Act (“ADA”) and may be rejected...more
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
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
A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more