Total Articles: 7
Fisher Phillips • January 23, 2017
In a recent unpublished opinion, the 11th U.S. Circuit Court of Appeals issued a carefully considered and well-structured instruction for those who want to further understand the concept of “essential functions” of a position in cases under the Americans with Disabilities Act (ADA). Bagwell v. Morgan County Commission, No. 15-15274 (11th Cir., January 18, 2017). There, the Court made it clear that an employer sets the essential functions of a position, based on business needs.
Ogletree Deakins • July 08, 2013
In an unpublished opinion, the6th U.S. Circuit Court of Appeals has held that an employee who was unable to complete the functions of her job while on part-time duty could not subsequently claim that ongoing part-time work was a reasonable accommodation for her disability. White v. Security First Associated Agency, Inc.,et al, 6th Cir., No. 12-1287, June 28, 2013.
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.
Ogletree Deakins • April 15, 2013
Is the ability to be licensed to drive a commercial vehicle an “essential function” of a warehouse manager’s position, even though that manager rarely is required to drive? According to the 8th U.S. Circuit Court of Appeals, that answer depends largely upon the job description developed by the employer, and not on the employee’s specific personal experience in the job. Knutson v. Schwan’s Home Service, Inc., 8th Cir., No. 12-2240, (April 3, 2013).
Ogletree Deakins • April 01, 2013
The 8th U.S. Circuit Court of Appeals recently held that jury was justified in finding that an employer is not required to engage in an onsite evaluation to interactively create a reasonable accommodation for a disabled employee, if a treating physician’s restrictions would prevent that individual from performing those essential functions at all. Hohn v. BNSF Railway Co., 8th Cir., No. 12-1041, February 28, 3013.
Fisher Phillips • June 03, 2010
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.
Ogletree Deakins • April 05, 2010
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.