Sometimes common sense seems to provide the answer to an “essential function” question, but not always. For example, we posted recently about a case where the issue was whether hearing was an essential function of a lifeguard position. Common sense may suggest the answer is “of course” but then we noted that the lifeguard with
co-workers
Temporary and Rotating Position Not “Vacant” for Purposes of ADA’s Accommodation of Last Resort
By Jackson Lewis P.C. on
Posted in ADA
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 …
Adverse Impact on Co-Workers of a Requested Accommodation under ADA Relevant in Determining Essential Functions
By Jackson Lewis P.C. on
Posted in ADA
We posted recently about an Eighth Circuit decision in which the court held that rotating shifts was an essential function because “[i]f [plaintiff] were switched to a straight day shift and not required to work the rotating shift, then other Resource Coordinators would have to work more night and weekend shifts.”
Another court has…