News & Analysis as of September 21, 2024

Essential Functions

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/27/2021

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Showing Up to Work: Sixth Circuit Clarifies When Regular, In-Person Attendance Is Required Under the ADA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2019

In Popeck v. Rawlings Company, LLC, No. 19-5092 (October 16, 2019), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for the Rawlings Company on Popeck’s claims under the Americans with Disabilities...more

Regular, On-Site Attendance Is Essential Function Of Auditor Job, Sixth Circuit Rules

Jackson Lewis P.C. on 10/22/2019

The Sixth Circuit previously explained in Hostettler v. College of Wooster, 895 F.3d 844 (6th Cir. 2018) that regular, in-person attendance is not a per se essential function of every job. Rather, employers must tie...more

Employer Not Required to Provide Indefinite Leave for a Temporary Disability

Parker Poe Adams & Bernstein LLP on 11/6/2017

Despite the Equal Employment Opportunity Commission’s more nuanced position, federal courts have generally rejected attempts by plaintiffs to claim that an indefinite leave of absence is a required reasonable accommodation...more

Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/31/2017

On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable...more

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