• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Affiliate Login
  • Join Our Network
  • Affiliate News
  • Lawyer Directory
  • Newsletters
  • Contact Us
  • Our Feeds

Employment Law Information Network

All Things Labor and Employment Law

Get Our Daily or Weekly Newsletter!
Articles • Alerts • Expert Advice
Daily Newsletter
Weekly Newsletter
California Newsletter
  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Home > Federal Law Articles > Disability Discrimination > Essential Functions

Articles Discussing Essential Functions Under The ADA

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

October 22, 2019 | Jackson Lewis 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 | Ford Harrison 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 | Jackson Lewis 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 | Jackson Lewis 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 | Jackson Lewis 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 | Jackson Lewis 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 | Jackson Lewis 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.

Primary Sidebar

Disability Discrimination Article Index

  • Direct Threat (9)
  • Disability Defined (7)
  • Drug & Alcohol (15)
  • Essential Functions (7)
  • Evidence (2)
  • General (ADA) (67)
  • Mental Disabilities (6)
  • Otherwise Qualified (7)
  • Particular Conditions (19)
  • Post Hire Inquiries and Exams (5)
  • Pre Employment Inquiries (3)
  • Public Accommodations (8)
  • Reasonable Accommodation (70)
  • Regarded as Claims (2)
C-Screen

Site Search

Connect With Us!

  • Email
  • Facebook
  • LinkedIn
  • Phone
  • RSS
  • Twitter

Article Calander

March 2021
SMTWTFS
 123456
78910111213
14151617181920
21222324252627
28293031 
« Feb    

Trending Content

  • Introduction To Employee Handbook Policy
  • Job Vacancy Announcement
  • Workplace Privacy and Confidentiality
  • Employee Discipline Policy
  • FMLA Policy
  • Employee Locker Policy
  • Job Description Procedures
  • Union Avoidance
  • Government Mandated Benefits
  • Employee Conduct Policy

Footer

Social Profiles

RSSTwitterFacebookLinkedin

Tags

ABC News (7) Above The Law (7) Benefits Pro (8) Bloomberg (118) Carothers DiSante & Freudenberger LLP (6) CBS (6) CNBC (19) CNN (32) EEOC (75) Employee Benefit News (5) Entrepreneur (25) Evil HR Lady (156) Fast Company (43) Forbes (175) Fortune (7) Goldberg Segala (7) GovExec (14) Harvard Business Review (174) Inc. (14) Jackson Lewis (29) Law.com (32) Littler (43) Los Angeles Times (8) MarketWatch (6) NBC (34) New York City (13) New York Magaine (8) New York Post (9) New York Times (208) NPR (42) Politico (11) Reuters (16) Richmond Times Dispatch (11) San Francisco (8) Seattle Times (6) SHRM (19) Slate (6) The Atlantic (6) The Cut (6) The Guardian (6) USA Today (21) US News (23) Wall Street Journal (105) Washington Post (41) Yahoo News (6)

Navigation

  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Log In

Privacy Policy, Disclaimers & Copyright
elinfonet.com, LLC • P.O. Box 45, Chinchilla, PA 18410 • 570-301-6277 • info@elinfonet.com