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Hiring & Firing › Essential Functions

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
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

Genova Burns LLC

What Employers Should Know About The EEOC’s Final Rule On The Pregnant Workers Fairness Act

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On April 15, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final rule interpreting and providing guidance on the Pregnant Workers Fairness Act (PWFA)....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Upholds Employer's Denial of Remote Work During Pandemic

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During the COVID-19 pandemic and afterwards, employers have faced a growing number of requests for remote work arrangements based on a medical disability. The Americans with Disabilities Act requires employers to grant...more

Seyfarth Shaw LLP

Tenth Circuit Highlights Limits on Employers Defining Essential Functions of a Position

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Seyfarth Synopsis: The Tenth Circuit Court of Appeals reversed a summary judgment award on an employee’s failure-to-accommodate claim. The Court’s decision focused on the employer’s improperly narrow delineation of the...more

McAfee & Taft

Appeals court finds visually impaired employee unqualified for his position

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In a case that helps employers understand what a “reasonable accommodation” is, the Eleventh Circuit Court of Appeals recently affirmed a lower court’s ruling of summary judgment for a Georgia employer who was accused of...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Artificial Intelligence and Americans with Disabilities Act Compliance

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Artificial intelligence (AI) can help streamline business processes making workers more efficient and driving costs down for the consumer. What happens, though, when an employer uses AI in hiring decisions?...more

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

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

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

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...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

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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

Jackson Lewis P.C.

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

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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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Ruling on ADA Reassignment Has Major Implications for Employers

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In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...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

Bowditch & Dewey

How Does My Offer of Work Affect My Employees’ Unemployment Claims?

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One of the most obvious effects of the COVID-19 pandemic is the record-high number of individuals in Massachusetts who have filed for unemployment. Roughly 75% of those job losses are considered temporary, with employers...more

Seyfarth Shaw LLP

New Guidance Tightens COVID-19 Restrictions on Massachusetts Employers, and the Massachusetts Attorney General Revises Guidance on...

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Seyfarth Synopsis: On April 7, 2020, the Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued its updated COVID-19 Essential Services FAQs, providing more details on what is and what is not...more

Womble Bond Dickinson

N.C. Federal Court Allows Former Employee’s Disability Claims to Proceed to Trial

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A North Carolina federal trial court recently denied an employer’s request to dismiss a former employee’s disability discrimination and retaliation claims under the Americans with Disabilities Act (“ADA”). The case provides a...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

Bradley Arant Boult Cummings LLP

Lingering Lateness Later Litigated: 11th Circuit Rules on ADA

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What happens if you give an employee an accommodation that goes above and beyond what the ADA requires? Can you change your mind down the road and stop providing that accommodation? Or are you stuck providing that...more

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

Showing Up to Work: Sixth Circuit Clarifies When Regular, In-Person Attendance Is Required Under the ADA

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

In Popeck v. Rawlings Company, LLC, No. 19-5092 (October 16, 2019), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for the Rawlings Company on Popeck’s claims under the Americans with Disabilities...more

Proskauer - Law and the Workplace

Emerging Trend: ADA Does Not Cover Potential Future Disabilities

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Heeding the adage “no one knows what the future may hold,” the Seventh, Eighth and Eleventh Circuits have uniformly refused to extend protections of the Americans with Disabilities Act (ADA) to employees with a perceived risk...more

Snell & Wilmer

No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

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On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry....more

Jackson Lewis P.C.

Regular, On-Site Attendance Is Essential Function Of Auditor Job, Sixth Circuit Rules

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The Sixth Circuit previously explained in Hostettler v. College of Wooster, 895 F.3d 844 (6th Cir. 2018) that regular, in-person attendance is not a per se essential function of every job. Rather, employers must tie...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

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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

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

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Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

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