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In fact, we turned to SmartJobs for the five questions that can help you decide whether a function is an essential function: 1. Does the position exist specifically to perform this function? For example, when a person is hired to proofread legal documents, the ability to proofread is an essential function. Or, for example, a […]
If you do have job descriptions, the Equal Employment Opportunity Commission (EEOC) has said that it will review or consider them, as well as other relevant information, when determining essential functions. Therefore, it is important to keep job descriptions current. Claiming later that some function not listed on the description is a task essential to […]
The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage in 2009, the U.S said in a press release. The documents explain how ADA applies […]
The largest jury award ever for a U.S. Equal Employment Opportunity Commission suit must be reduced to meet a statutory cap, the commission noted May 10 in final court filings. A court will have the final say over whether the award will be reduced, however. A jury on May 2 awarded $240 million to 32 […]
An Oklahoma employer will pay $50,000 to settle the first lawsuit the federal government filed to enforce the Genetic Information Nondiscrimination Act. The case, Civil Case No.: 13-CV-248-CVE-PJC, was filed in the U.S. District Court for the Northern District of Oklahoma. The U.S. Equal Employment Opportunity Commission, which is tasked with enforcing GINA, filed suit […]
The Americans with Disabilities Act’s employment protections only extend to individuals with disabilities who can perform the essential functions of their jobs. And when it comes to deciding which functions are “essential,” courts continue to defer to employers’ judgment. In Knutson v. Schwan’s Home Service, Inc., No. 12-2240, (April 3, 2013), the U.S. 8th Circuit […]
The U.S. Equal Employment Opportunity Commission’s failure thus far to issue clear guidance on permissible wellness incentives threatens to undermine employers’ development of wellness programs at a time when their importance is growing, business groups warned the EEOC at a May 8 hearing. “We urge you to recognize the comprehensive regulatory framework that already exists” […]
When we think of retaliation, it’s usually in the context of an employee who has been disciplined or terminated after exercising some protected right. But what about an employee who is denied a pay raise after doing so?.
While the Americans with Disabilities Act may require an employer to remove marginal job functions as an accommodation for an employee with a disability, it does not require the reassignment of all duties. An employee who can do nothing but show up for work is not qualified for ADA’s protections, a recent opinion from the 5th […]
Employees are having a particularly difficult time bringing class action suits that invoke the Americans with Disabilities Act, according to experts, and a recent case involving Wendy’s employees is no exception. The nature of ADA — particularly its individualized analysis requirements — makes class actions alleging disability discrimination less likely to succeed than those alleging […]