A flexible work schedule is not a reasonable accommodation if it will not allow the employee to perform the essential functions of her job, which can include regular and punctual attendance, according to the Tenth Circuit. Murphy v Samson Resources Co. (10th Cir. May 8, 2013). The court affirmed summary judgment in favor of the
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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…
Common Sense Prevails: Driving a Fire Engine is an Essential Function of a Firefighter’s Position
By Jackson Lewis P.C. on
Posted in ADA
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…
Appeals Court Resuscitates Deaf Lifeguard’s ADA Accommodation Claim
By Jackson Lewis P.C. on
Posted in ADA
Is a deaf person qualified to be a wave pool lifeguard? Before answering, consider that the lifeguard holding the record for most “saves”–more than 900–is Leroy Columbo, who was a deaf man.
In Keith v. County of Oakland (6h Cir. January 10, 2013), the plaintiff, deaf since birth, had completed the County’s lifeguard training…
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…
Rotating Shifts is Essential Job Function, Citing Impact on Co-Workers as Well as Business Justification
By Jackson Lewis P.C. on
Posted in ADA
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…
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…