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
essential job function
Arriving to Work on Time Might Not be An Essential Job Function under ADA
By Jackson Lewis P.C. on
Posted in ADA
Arriving to work on time might not be an essential function if the late employee would still be able to complete his work in a timely manner, according to the Second Circuit Court of Appeals. McMillan v. City of New York (2nd Cir. March 4, 2013).
The plaintiff, a case manager for NYC’s Human Resources…
Regular Attendance is Essential Function of ICU Nurse Post; Request for Unlimited Absences Unreasonable
By Jackson Lewis P.C. on
Posted in ADA
Whether and to what extent attendance is an essential job function is perhaps the most vexing ADA issue. In Samper v. Providence St. Vincent Medical Center (9th Cir April 11, 2012), the plaintiff, an ICU neo-natal nurse with fibromyalgia, asked to “opt out” of the employer’s unplanned absence policy as an accommodation.
In a remarkably refreshing…