Tag: Essential Functions


ADA: Who Determines the Essential Functions of a Job?

An employee with a disability must demonstrate that he is able to perform the essential functions of his job, with or without reasonable accommodations, in order to be protected by the Americans with Disabilities Act (ADA). But what exactly does “essential functions” mean? What are the essential functions of a particular job, and who determines […]

Keep Your Job Descriptions FEHA-Compliant!

California’s Fair Employment and Housing Act (FEHA) expands upon federal prohibitions against discrimination. As it applies to employers with five or more workers, your organization most likely needs to comply—and your job descriptions need to be crafted carefully to stay on the right side of the law. Here’s some help from attorney Marc L. Jacuzzi.

Is Obesity a Disability? Fat Chance!

by Gary Jiles Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law? Americans with Disablities (ADA) Compliance Manual A: The employee must be qualified to do his job or he faces termination. With a few exceptions, the latest […]