Reasonable Accommodation Termination Essential Functions

News & Analysis as of

Fourth Circuit Affirms EEOC’s Resounding Summary Judgment Defeat in ADA Case

In a case we have previously blogged about several times due to spoliation sanctions imposed on the EEOC – most recently here - the U.S. Court of Appeals for the Fourth Circuit affirmed a ruling out of the Middle District of...more

Telecommuting May Not Always Be a Reasonable Accommodation Under the ADA

An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

“Waive” Goodbye to Employer Liability Under the ADA for Voluntary Accommodations of Essential Job Functions

An employer faces a difficult situation when a temporarily disabled employee who cannot perform his or her essential job functions requests an accommodation. This situation becomes significantly more complicated when the...more

California Employer Should Have Engaged In Interactive Process Before Firing Employee

Prock v. Tamura Corp. of America, No. E054185 (January 25, 2013): In an unpublished opinion, a California Court of Appeal recently overturned the dismissal of a lawsuit where the employee was fired while on a leave of absence...more

An Indefinite Exemption From The Essential Functions Of A Job Is Not A Reasonable Accommodation Under The ADA

An issue that confounds employers on a regular basis is whether the discharge of an employee who is unable to return to work after a medical leave will violate the American with Disabilities Act (ADA). Most employers...more

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