Total Articles: 5
No-Fault Attendance? In light of the EEOC/Verizon settlement, what's the point?
Are no-fault attendance policies to go the way of the horse and buggy?
Worker Who Cannot Perform Essential Job Function Has No Disability Accommodation Claim, Federal Court Says
The duty to reasonably accommodation an employee with a disability does not include ignoring the essential functions of a job, a federal district court in Washington has ruled. McEnroe v. Microsoft Corp., No. CV-09-5053-LRS (E.D. Wash. Nov. 18, 2010). The court granted summary judgment to the employer on the plaintiff-employee’s failure-to-accommodate claims under the Americans with Disabilities Act and the Washington Law Against Discrimination.
Hospitality: Cooking And Cleaning May Be "Essential Job Functions" Even For Managers.
A federal appeals court decision provides some significant insight into what courts may consider to be "essential functions" of restaurant managers, in a case that arose under the Americans with Disabilities Act (ADA). Richardson v. Friendly Ice Cream Corporation.
Medical intern unable to perform the essential functions of a first-year resident could not support ADA claim.
A medical intern who misdiagnosed patients (including mistakenly identifying a patient as deceased), prescribed inappropriate medications or incorrect dosages, and who was “extremely argumentative” with his supervisors and co-workers was unable to perform the essential functions of his job and therefore, according to the 4th U.S. Circuit Court of Appeals, was not a qualified individual with a disability for purposes of the Americans with Disabilities Act.
Attendance at Work is an Essential Function of the Job in Most Instances.
In an unpublished opinion, the 2d U.S. Circuit Court of Appeals has held that an employee of the New York City Department of Education could not establish a prima facie case of disability discrimination, because she could not prove herself to be “otherwise qualified” within the meaning of the Americans with Disabilities Act (ADA).
