An essential function of full time work is that an employee actually work full time! The U.S. Court of Appeals for the Sixth Circuit recently concluded that an individual who requested that she be allowed to continue working part time did not request a reasonable accommodation under the ADA. White v. Standard Insurance Co.,
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Seventh Circuit Tips Balance on ADA’s Accommodation of Last Resort
By Jackson Lewis P.C. on
Posted in ADA
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 “the accommodation of last resort”—transfer to a vacant lateral or lower position for which the employee is qualified.
Circuit courts had been evenly divided on whether an individual with…