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Home > Federal Law Articles > Disability Discrimination > Essential Functions

Articles Discussing Essential Functions Under The ADA

Regular Attendance is Essential Even if Employer was Lenient in the Past, Fifth Circuit Holds

March 12, 2021 Filed Under: Essential Functions

Jackson Lewis

An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held. Weber v. BNSF Railway Co., No. 20-10295 (5th Cir. Feb. 24, 2021).

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Regular, On-Site Attendance Is Essential Function of Auditor Job, Sixth Circuit Rules

October 22, 2019 Filed Under: Essential Functions

Jackson Lewis

he Sixth Circuit previously explained in Hostettler v. College of Wooster, 895 F.3d 844 (6th Cir. 2018) that regular, in-person attendance is not a per se essential function of every job. Rather, employers must tie time-and-presence requirements to the specific job at issue. In Popeck v. Rawlings Co., LLC, No. 19-5092 (6th Cir. Oct. 16, 2019), the Court ruled that Rawlings showed regular, on-site attendance was an essential function of Popeck’s auditor job, and Popeck was not a qualified individual under the Americans with Disabilities Act (“ADA”) because she could not perform this essential function.

School Board Not Liable for Disciplining Disabled Educator’s Excessive Absenteeism or Denying Her Leave Requests

April 25, 2019 Filed Under: Essential Functions

Since Congress passed the Americans with Disabilities Act (ADA) in 1990 and state legislatures enacted their own protections requiring employers to accommodate disabled workers, courts have grappled with the reasonableness of accommodating an employee’s excessive absenteeism caused by a disability. In Barbabosa v. Board of Education of the Town of Manchester, the Connecticut Appellate Court faced that question, holding on April 23, 2019, that attendance was an essential function of Barbabosa’s job and, therefore, her employer was not liable for either disciplining her for excessive absenteeism or denying her requests for extended intermittent leave.

Fourth Circuit Reaffirms That Regular, Reliable Attendance Is Essential Function Of Most Jobs

April 1, 2019 Filed Under: Essential Functions

Jackson Lewis

The Fourth Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs. The Court held that an employer did not violate the Rehabilitation Act by taking adverse action against an employee because of her attendance issues—even though they were caused by her mental illness. Hannah P. v. Coats, No. 17-1943 (4th Cir. Feb. 19, 2019).

Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs

January 6, 2019 Filed Under: Essential Functions

Jackson Lewis

Recent decisions from the Second, Fifth, and Eighth Circuit Courts of Appeals exemplify the growing consensus amongst courts that even employees with a disability are generally required to comply with company attendance policies. While employers may need to provide leave as a reasonable accommodation, many courts generally agree that regular, reliable attendance is an essential function of most jobs within the meaning of the Americans with Disabilities Act (“ADA”).

Employers Asserting “Essential Job Function” Defense Need a Clear Job Description.

November 25, 2018 Filed Under: Essential Functions

Jackson Lewis

Just a few months ago, we wrote about a case where a federal district court denied summary judgment to an employer who had asserted that attendance at work was an essential job function. The Court held that although regular attendance at work was set out in the job description, that was not enough to obtain summary judgment. In a slight twist, today we discuss a case in which the court focused on the adequacy of the job description itself and found it lacking. For that reason and others, it denied the employer’s motion for summary judgment.

Employers Must Have Duties Based Reasons to Support the Assertion that Full-Time Attendance Is an Essential Job Function

August 19, 2018 Filed Under: Essential Functions

Jackson Lewis

Teenagers are not the only ones dissatisfied when their pleas of “why” are met with a “because I said so.” It turns out that courts of appeal do not care for it either.

Overtime Can Be An Essential Job Function

June 20, 2018 Filed Under: Essential Functions

Jackson Lewis

A recent decision from the District Court for the District of Nebraska serves as a reminder that overtime can be an essential job function. See McNeil v. Union Pac. R.R._ 2018 U.S. Dist. LEXIS 85250. On May 21, 2018, Union Pacific Railroad Company’s (“Union Pacific”) motion for summary judgment was granted and the Court determined that it did not have to grant an emergency dispatcher’s request to be exempt from overtime to accommodate her depression and anxiety because working overtime in emergency situations was an essential element of her job.

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Disability Discrimination Article Index

  • Direct Threat (9)
  • Disability Defined (14)
  • Drug & Alcohol (18)
  • Essential Functions (8)
  • Evidence (2)
  • General (ADA) (110)
  • Mental Disabilities (13)
  • Otherwise Qualified (7)
  • Particular Conditions (19)
  • Post Hire Inquiries and Exams (5)
  • Pre Employment Inquiries (2)
  • Public Accommodations (14)
  • Reasonable Accommodation (95)
  • Regarded as Claims (2)

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