essential job functions

Clark v. Champion National Security, Incorporated (No. 18-11613, January 14, 2020) is the Fifth Circuit’s latest statement on whether the Americans with Disabilities Act (the “ADA”) requires an employer to excuse terminable misconduct—here, sleeping on the job—based on an employee’s after-the-fact, disability-related explanation. It does not.

Clark, an insulin-dependent Type II diabetic, was a personnel

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