News & Analysis as of

Reasonable Accommodation Essential Functions Attendance

Jackson Lewis P.C.

Regular Attendance Is Essential Even If Employer was Lenient In The Past, Fifth Circuit Holds

Jackson Lewis P.C. on

An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the...more

Jackson Lewis P.C.

Employer’s Good Deed Goes Unpunished—Reliable Attendance Is Essential Function Despite Prior Accommodation Of Employee’s Absences

Jackson Lewis P.C. on

While it’s true that acts of generosity sometimes backfire on those who offer them, the Court’s ruling in Higgins v. Union Pac. R.R. Co., No. 18-1902 (8th Cir. July 24, 2019) shows this is not always the case. In Higgins, the...more

Jackson Lewis P.C.

Regular, Reliable Attendance Can Be An Essential Function, Connecticut Appellate Court Holds

Jackson Lewis P.C. on

A recent Connecticut Appellate Court case provides helpful reminders that: regular, reliable attendance can be an essential function of many jobs; and - eliminating an essential job function is not a reasonable...more

Jackson Lewis P.C.

Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function Of Most Jobs

Jackson Lewis P.C. on

Recent decisions from the Second, Fifth, and Eighth Circuit Courts of Appeals exemplify the growing consensus amongst courts that even employees with a disability are generally required to comply with company attendance...more

BCLP

Temps in Tenth Circuit Face Stricter Scrutiny When Seeking Time Off as Reasonable Accommodation

BCLP on

On July 6, 2017, a three-judge panel of the United States Court of Appeals for the Tenth Circuit reiterated that physical attendance in the workplace is an essential function of most jobs and emphasized this is particularly...more

Parker Poe Adams & Bernstein LLP

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

Baker Donelson

Even Under the ADA, Some Jobs Require Being On-Site; Court of Appeals Decision Offers Lessons

Baker Donelson on

Last month in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), the United States Court of Appeals for the Sixth Circuit found that a Ford employee was not qualified for her job under the ADA because she was not...more

K&L Gates LLP

Sixth Circuit Sides with Ford Motor Company in ADA Telecommuting Case

K&L Gates LLP on

Employers often grapple with what constitutes a reasonable accommodation under the American with Disabilities Act (“ADA”). This issue becomes increasingly complex when evaluating whether telecommuting is an appropriate and...more

FordHarrison

Employer Not Required by ADA to Permit Employee to Telecommute

FordHarrison on

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects EEOC's Demand for Telecommuting as ADA Accommodation

Last year, a panel of the Sixth Circuit Court of Appeals held 2-1 that the Americans with Disabilities Act required Ford Motor Company to allow a buyer with irritable bowel syndrome (IBS) to possibly telecommute up to four...more

Constangy, Brooks, Smith & Prophete, LLP

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Can Decide That Physical Presence at the Workplace is an Essential Function

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a...more

Mintz - Employment, Labor & Benefits...

En Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable Accommodation Under the Americans with Disabilities...

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee. The decision, EEOC v....more

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