Tag: essential job function

Attendance Can Be an ‘Essential Function,’ Depending on Job

By Pennsylvania Employment Law Letter Jan 29, 2010 HR Hero Line

Updated: Jan 29, 2010

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

Some Things Stay the Same under the ADA Amendments Act

By Massachusetts Employment Law Letter Mar 20, 2009 HR Hero Line

Updated: Mar 20, 2009

by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]