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Szarawara v. County of Montgomery

Articles Discussing Case:

Written job description did not sufficiently indicate the essential nature of night shift in emergency dispatcher position

Ogletree Deakins • July 01, 2013
One federal district court has ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that the individual’s health would be improved by working day-shifts, could proceed on his claim that an employer’s refusal to allow him to work days violated the Americans with Disabilities Act (ADA). Szarawara v. County of Montgomery, EDPA Case No. 12-5714, June 27, 2013. In denying the employer’s motion to dismiss at the initial stage of the litigation, the court rejected the argument that language in a job description requiring employees to be able to work “various shifts” made working the night shift an essential function of the job. In addition, the court refused to accept the employer’s argument that the employee should have tried other ways to improve his condition before seeking to change his night-shift schedule.