Tag Archives: undue hardship

When It Comes to ADA Accommodation, Beware the “Barnett Slide”

Dance professionals would never confuse the “one-step” with the “two-step” and neither should employers when it comes to evaluating the reasonableness of a requested accommodation. The two-step analysis comes from the Supreme Court’s 2002 decision in US Airways, Inc. v. Barnett. The one-step analysis, much less favorable to employers, continues to be advanced by the … Continue Reading

Temporary and Rotating Position Not “Vacant” for Purposes of ADA’s Accommodation of Last Resort

We haveposted previously about the ADA’s “accommodation of last resort”: when an employee cannot perform the essential functions of his or her position, with or without an accommodation, due to a disability, an employer must consider transferring the employee to a vacant lateral or lower position for which the employee is qualified. Whether a position … Continue Reading

Rotating Shifts is Essential Job Function, Citing Impact on Co-Workers as Well as Business Justification

Recall our post concerning the claims of the acrophobic bridge worker and incontinent court reporter that rotating through job assignments was not an essential function of their jobs.    Now comes a “Resource Coordinator” seeking a straight day shift as an accommodation to her disability and claims that working rotating shifts is not an essential function … Continue Reading

Excusing Absences as a Reasonable Accommodation–Part 2

 The "law" or "lore" requiring employers to accommodate employees by excusing absence has reshaped employer attendance and productivity expectations.  Some say the law, as interpreted by the Equal Employment Opportunity Commission, goes too far and creates an elusive and unworkable standard for managing employee attendance and productivity.  To assist our clients and contacts in separating … Continue Reading
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