Employers beware – you cannot assume that on-time attendance is an essential function of every job, as the U.S. Court of Appeals for the Second Circuit recently ruled. In McMillian v. City of New York, the court held that the...more
In This Issue: - Feature Articles: - California Court Of Appeal Significantly Expands Pregnancy Leave Rights - New York Employer's Flex-time Policy Precluded Holding Employee Accountable For Tardiness ...more
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
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