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Reasonable Accommodation › Essential Functions › Dismissals

Parker Poe Adams & Bernstein LLP

Another Federal Appeals Court Rules Employers Have Duty to Accommodate an Employee's Commute in Some Circumstances

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The Americans with Disabilities Act requires employers to provide reasonable accommodations that allow disabled employees to perform the essential functions of their jobs. Over the years, federal appellate courts have reached...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer Not Required to Create Shared Job as ADA Accommodation

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Under the Americans with Disabilities Act, employers are required to consider reassignment to an existing vacant position as a last ditch form of reasonable accommodation for an employee unable to return to their previous...more

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Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

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If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

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Sixth Circuit Reminds Employers to Consider Transfers as ADA Accommodations

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In order to claim discrimination under the Americans with Disabilities Act, employees must demonstrate that they could perform the essential functions of the job but were denied a reasonable accommodation. Some employers...more

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ADA Request Must Show Connection Between Disability and Work Limitation

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From time to time, we encounter requests from employees for accommodations under the Americans with Disabilities Act that appear unrelated to the employee’s underlying medical condition. For example, an employee with a back...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

Parker Poe Adams & Bernstein LLP

Ability to Work Rotating Shifts Considered Essential Job Function

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When a current employee develops a disabling medical condition, employers are frequently faced with Americans with Disabilities Act accommodation requests that would fundamentally alter the way that the job has been...more

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Employer Not Required to Provide Indefinite Leave for a Temporary Disability

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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

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Permanent Light Duty Not Required Under ADA

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Employers frequently offer light duty work as a means for injured employees to return to their regular job duties. Light duty is typically associated with employees with Workers’ Compensation related injuries. ...more

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Second Circuit Upholds Employers' Use of Effective ADA Accommodation Over "Perfect" One Sought by Employee

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Title I of the Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities in order for them to perform the essential functions of their jobs. Employers and...more

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

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

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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

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