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.,
reasonable
Amputee’s Request for Breaks May Be Request for ADA Reasonable Accommodation
By Jackson Lewis P.C. on
Posted in ADA
An amputee’s request for work breaks to adjust his prosthesis may be a request for an accommodation under the ADA, according to a federal district court. Morton v. Cooper Tire & Rubber (N.D. MS, June 18, 2013). The employee was training to operate a machine which ran for twelve hour shifts. To complete the training…
Mammography Tech with Epilepsy Unqualified under ADA Because Unconscious During Seizures
By Jackson Lewis P.C. on
Posted in ADA
A mammography tech with epilepsy is not a qualified individual with a disability under the ADA because she cannot perform the essential functions of her job "during the indefinite periods in which she was incapacitated," according to the Eighth Circuit Court of Appeals. Olsen v. Capital Region Medical Center (8th Cir. May 7, 2013). We…
EEOC Issues Revised Guidance on ADA’s Application to Certain Disabilities
By Joseph J. Lynett on
Posted in ADA
On May 15, 2013, the EEOC issued revised “Q & A” documents addressing how the ADA applies to job applicants and employees with cancer, diabetes, epilepsy and learning disabilities. http://www.eeoc.gov/eeoc/newsroom/release/5-15-13.cfm
Each of the revised Q & A documents also answers questions about topics such as: when an employer may obtain medical information from applicants and…
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…
Relying on Poor Performance Caused by Disability to Deny ADA Accommodation “Troubling”; Turns “Reasonable Accommodation on its Head”
By Jackson Lewis P.C. on
Posted in ADA
To what extent may an employer deny a requested accommodation because of on an employee’s poor performance which is caused by a disability?
The Federal Reserve Bank of New York denied an employee’s request to telecommute or to relocate his office to a different Fed building because the employee had been rated as “below standards” in…
And Yet Another Multi-Million ADA Settlement Involving an Inflexible Leave Policy
By Jackson Lewis P.C. on
Posted in ADA
There was this one, this one, and now yet another multi-million dollar settlement with the EEOC involving allegations that an employer had an inflexible leave policy. The EEOC announced that Dillard’s had agreed to pay $2 million as part of a consent decree to resolve the agency’s allegations relating to the company’s medical…
Temporary and Rotating Position Not “Vacant” for Purposes of ADA’s Accommodation of Last Resort
By Jackson Lewis P.C. on
Posted in ADA
We haveposted previously about the ADA’s “accommodation of last resort”: 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 transferring the employee to a vacant lateral or lower position for which the employee is qualified.
Whether a …
ADA Accommodation of Last Resort Heading to Court of Last Resort Again?
By Jackson Lewis P.C. on
Posted in ADA
We posted previously about the Seventh Circuit holding in EEOC v. United Airlines that, in deciding whether a disabled employee who cannot perform the essential functions of his or her position is entitled to a vacant position as an accommodation under the ADA, the employer must disregard its policy of awarding positions to the best-qualified…
Yet Another Multi-Million Dollar ADA Settlement for Alleged “Inflexible Leave” Policy
By Jackson Lewis P.C. on
Posted in ADA
Add another multi-million dollar settlement notch to the EEOC’s “inflexible leave” belt. The EEOC announced that national trucking company Interstate Distributor Company will pay $4.85 million to resolve a nationwide class disability discrimination lawsuit the EEOC had brought against Interstate.
The lawsuit alleged that Interstate had a policy of terminating employees who needed more than…