reasonable accommodation

A recent Connecticut Appellate Court case provides helpful reminders that:

  • regular, reliable attendance can be an essential function of many jobs; and
  • eliminating an essential job function is not a reasonable accommodation.

Plaintiff in Barbabosa v. Board of Education of the Town of Manchester was a full-time, one-on-one paraprofessional for schoolchildren. The trial court held

In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas.  Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related. For example, what happens if an overseas employee has a medical condition that causes them to miss work?

The

Many employers have programs allowing employees to donate their own time off to another employee with serious medical or family issues.  A dilemma often faced by employers with these policies is whether continued use of such donated time means the employee is not performing the essential function of attendance.  On the one hand, the employee

Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an employer to provide a reasonable accommodation that will allow an employee to perform the essential functions of the position that the employee holds or

While employers generally accept that they cannot apply a maximum leave period after which employees are automatically terminated, they continue to struggle with how much leave must be provided as a form of accommodation under the ADA.  There is little dispute that leave for an indefinite period where the employee has a long term chronic

Make no mistake about it: ADA compliance can be challenging.  This is especially true when it comes to providing reasonable accommodation.  Not uncommonly, managers wanting to do the right thing actually provide more than the law requires.  Although well-intentioned, this practice often leads to conflict if more generous accommodations are later scaled back. Thankfully, a