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McMillan v. City of New York, 2d Cir., No. 11-3932, March 4, 2013.

Articles Discussing Case:

Timely Arrival at Work Not Always an Essential Job Function

Franczek Radelet P.C • March 13, 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 function. In McMillan v. City of New York, McMillan, the plaintiff, worked as a case manager for New York City’s Human Resources Administration (HRA), conducting home visits, processing social assessments, recertifying clients’ Medicaid eligibility, referring clients to other social service agencies, and otherwise meeting with clients and addressing their concerns. HRA had a flex-time policy allowing employees to arrive at work anytime between 9:00 and 10:00 a.m. Due to elevator wait times at HRA’s offices, employees were not considered tardy unless they arrived after 10:15 a.m. An employee whose late arrival was approved by a supervisor could use “banked” leave time to cover time missed. An employee whose late arrival was not approved was subject to discipline.

"Reasonable accommodation" may include adjustments to work schedule, even beyond an agreed-upon flex-time schedule.

Ogletree Deakins • March 11, 2013
Employers are aware of the fact that the Americans with Disabilities Act (ADA) requires them to engage in an interactive process in order to determine whether a disabled individual can be accommodated to assist him or her in performing the essential functions of a job. In determining the essential functions of a position, most employers assume that physical presence and arrival at work at a consistent time are essential functions of most jobs.

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