Discrimination, Essential Functions

Superhero Amputee Wrestles with Work Limits, Disability Harassment

FordHarrison on 10/9/2018

Discrimination under the ADA is defined as the failure of an employer to make reasonable accommodation to an otherwise qualified individual with a disability....more

EEOC and Cumbres & Toltec Scenic Railroad Conciliate Disability Discrimination Charge

U.S. Equal Employment Opportunity Commission... on 8/22/2018

Heritage Railroad Failed to Adequately Assess Accommodation for Applicant, Federal Agency Charged - DENVER - Cumbres & Toltec Scenic Railroad (C&TS) has agreed to conciliate a disability discrimination charge with the...more

OFCCP Issues Regulations on "Pay Transparency"

Constangy, Brooks, Smith & Prophete, LLP on 9/14/2015

Today the U.S. Office of Federal Contract Compliance Programs issued its Final Rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and applicants who ask about or...more

Bad News, Good News: Disability Discrimination Plaintiff Sometimes Need Not Show He Was Qualified, But May Never Recover Punitive...

Pullman & Comley - Labor, Employment and... on 5/26/2015

In a decision to be officially released on May 19, 2015, the Connecticut Appellate Court has addressed two interesting issues in the state law of employment discrimination, one of which is of considerable importance (and...more

What Will Be the Fate of Your (Facially Neutral) Light-Duty Policies After Young v. UPS?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/25/2015

With its forthcoming decision in Young v. United Parcel Service, Inc., the Supreme Court of the United States is expected to bring some much-needed clarity to the issue of what the Pregnancy Discrimination Act (PDA), 42...more

Fifth Circuit Issues First of Several Pro-Employee Decisions: ADA Accommodations Need not Relate to Essential Job Functions

Winstead PC on 10/9/2013

The Fifth Circuit, which covers federal district courts from Texas, Louisiana and Mississippi, has been busy recently issuing decisions in the employment law arena. Surprisingly, many of these decisions from this...more

Recent ADA Decision Might Signal Broadening of the ADA’s Accommodation Provisions

Poyner Spruill LLP on 10/1/2013

The United States Court of Appeals for the Fifth Circuit recently held that accommodations under the Americans with Disabilities Act (ADA) are not limited to job modifications that enable an employee to perform essential job...more

Timely Arrival At Work Not Always An Essential Job Function

Franczek P.C. on 3/12/2013

In a case involving a schizophrenic employee whose medication caused him to feel drowsy and sluggish in the morning, the Second Circuit Court of Appeals has ruled that on-time arrival at work is not always an essential job...more

Employer Has No Obligation to Provide “Light Duty” Assignment Under FMLA or ADA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/12/2013

Employers often assign light duty to employees who are returning to work after recuperating from illnesses or injuries. The Seventh Circuit Court of Appeals has held, however, that neither the Family and Medical Leave Act...more

California Employer Should Have Engaged In Interactive Process Before Firing Employee

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/11/2013

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

Is Being On Time an Essential Function of Job? Second Circuit Says Most Times But Not Always

Pullman & Comley, LLC on 3/6/2013

Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival is an essential function of the position, and a plaintiff’s inability to arrive on time would result...more

Employee’s Request to Move from Rotating Shift to Straight Shift not a “Reasonable Accommodation” under the ADA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/25/2012

The 8th U.S. Circuit Court of Appeals recently addressed an issue of concern frequently raised by employers: whether allowing an employee to move from rotating shifts to straight daytime work is a required “reasonable...more

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/27/2012

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

Fenwick Employment Brief - January 07, 2011

Fenwick & West LLP on 1/7/2011

In this issue: California Employer Allowed to Pursue Defamation Action Against Protesting Employees; Payroll Company Not an Employer Under the California Labor Code or FLSA; PAGA Claims On The Rise – Suitable Seating Just...more

Discrimination › Essential Functions

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