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Job Descriptions Essential Functions

Fisher Phillips

The Employer’s Playbook for Managing Remote and Hybrid Workforces

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The rise of remote work has forced employers to tackle one challenge after another – and now the biggest challenge is effectively managing remote and hybrid workforces for the long term. When the pandemic hit, many employers...more

White and Williams LLP

Massachusetts Appeals Court Holds that Overtime Work Is Not an Essential Function of Inpatient Nursing Position

White and Williams LLP on

In Tufts Medical Center v. Dalexis et. al., the Massachusetts Appeals Court held that a hospital employer failed to engage in the interactive process, and discriminated against and constructively discharged a disabled nurse...more

Bradley Arant Boult Cummings LLP

New Year, New Job Duties? Why It Might Be a Good Time to Update Job Descriptions

Your job descriptions may be more important than you think, and what better time to review and update them than the start of the new year? In this blog, we discuss why job descriptions are important and the things to consider...more

McAfee & Taft

Potential ADA accommodations abound, but here are a few declared ‘unreasonable’

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There is no exhaustive list of potentially reasonable accommodations. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the particular employee’s limitations and...more

FordHarrison

Don’t Let Unreasonable Expectations Doom Your Workplace Like It Almost Did to WandaVision

FordHarrison on

It’s official. The Marvel Cinematic Universe (MCU) has successfully expanded to television.  While Marvel has had previous forays into this medium (including Agents of S.H.I.E.L.D. and various shows on Netflix), WandaVision...more

Seyfarth Shaw LLP

7th Circuit has Spoken: Two Pound Lifting Limit, and Other Restrictions Can be an Unreasonable Accommodation under the ADA

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Seyfarth Synopsis: Athleisure company is rightfully able to terminate the employment of individual with physical limitations, despite that individual’s ability to delegate such functions of her position. See Tonyan v....more

Fisher Phillips

Sitting On The Job: When Sitting Is Requested As An ADA Accommodation

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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

Jackson Lewis P.C.

A Job Description Is Not Determinative When Considering Reasonable Accommodation Requests

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Under the Americans with Disabilities Act (“ADA”), an employee is entitled to a reasonable accommodation if the employee has a disability and is a “qualified individual,” meaning that the employee can perform the essential...more

Jackson Lewis P.C.

Job Descriptions Must Accurately Reflect True Job Duties

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A recent case from a federal court highlights the importance of accurate job descriptions. In Wiggins v. City of Montgomery, Plaintiff applied for a promotion to the position of Revenue Examiner on three occasions over an...more

Schwabe, Williamson & Wyatt PC

Drafting Legally Sound Job Descriptions

Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more

Polsinelli

Four Circuits Agree: Regular and Reliable Attendance is an Essential Job Function

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Recently, the United States Eighth Circuit Court of Appeals reaffirmed that regular and reliable attendance is an essential function of most jobs under the Americans with Disabilities Act (“ADA”). Lipp v. Cargill Meat...more

Seyfarth Shaw LLP

District Court Clarifies That “Disability” Requiring Workplace Accommodation Does Not Entitle Plaintiff to Disability Benefits

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Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more

Cozen O'Connor

Job Description Mistakes You Don’t Want to Make

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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

Jackson Lewis P.C.

Employers Asserting “Essential Job Function” Defense Need A Clear Job Description.

Jackson Lewis P.C. on

Just a few months ago, we wrote about a case where a federal district court denied summary judgment to an employer who had asserted that attendance at work was an essential job function. The Court held that although regular...more

Pierce Atwood LLP

Reassignment: The Often-Overlooked Accommodation Of Last Resort

Pierce Atwood LLP on

What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of...more

Fisher Phillips

Web Exclusive - Flurry Of Recent ADA Cases Can Be Instructive For Employers, Part Two

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There has been a burst of recent Americans with Disabilities Act (ADA) decisions from around the country that can teach valuable lessons to employers. Last month, we looked at three cases examining the question of whether an...more

Littler

Sixth Circuit Rejects Argument that Full-Time Job Requires Full-Time Hours in ADA Failure to Accommodate Case

Littler on

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

Ruder Ware

Recent Decisions Support Requirements for Working Extra Hours

Ruder Ware on

Several recent federal court decisions have reaffirmed the right of an employer to require an employee to work extra hours or rotating hours of work as a part of the normal duties of a position provided there is legitimate...more

Verrill

HR Law 101 Ep.4: What You Need to Know About Creating Effective Job Descriptions

Verrill on

Job descriptions are important for ensuring that employers and employees are on the same page as to job duties and expectations, but what should be included? This episode of HR Law 101: Understanding the HR Basics, featuring...more

FordHarrison

First Circuit Finds Termination of Employee for Inability to Work Rotating Schedule Did Not Violate the Americans with...

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Recently, the United States Court of Appeals for the First Circuit, in Sepulveda-Vargas v. Caribbean Restaurants, LLC, affirmed a lower court’s decision in favor of the employer in a lawsuit alleging violations of the...more

Troutman Pepper

FLSA Implications When Telecommuting Due To Illness

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Q: I received an email from an employee stating that he is sick, but will be working from home. Should I allow my employee to work remotely while sick? What are the FLSA implications of allowing an employee to work from...more

Parker Poe Adams & Bernstein LLP

Telecommuting Deemed Reasonable Accommodation for In-House Attorney

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

Jackson Lewis P.C.

The Essential Role Of The Job Description

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

“A Telecommute Dispute” – What Is A Reasonable Accommodation Under The ADA?

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Seyfarth Synopsis: The Sixth Circuit Court of Appeals recently held that telecommuting can be a reasonable accommodation under the ADA when the employee is able to perform the essential functions of the position remotely and...more

FordHarrison

Sixth Circuit Holds Telecommuting May Be Reasonable Accommodation

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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

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