Tag: essential job functions

ADA

So, Your Employee Wants to Keep Teleworking After Pandemic

Question: Our employee has filed an Americans with Disabilities Act (ADA) request with her psychiatrist to work from home permanently. Do we have to accommodate her? She already has performance issues, and no one else on her team is a permanent remote employee.

10th Circuit Decision May Affect Work-From-Home Requests After Pandemic Ends

As COVID-19 vaccinations increase and states ease pandemic-related restrictions, many employers are beginning to plan for employees’ to return to the office. But not all workers may want to return, and some might ask to work remotely because of ongoing concerns about the virus in light of underlying health conditions or simply a fear of […]

resume

New research urges a rethinking of 4-year degree requirements

When designing a recruiting and hiring process, few employers would intentionally build a system that automatically excludes qualified candidates. But new research indicates that’s what sometimes happens with employers seeking middle-skills workers. Such a system hurts not just the jobseeker but also the employer hoping to attract and retain productive employees from a variety of […]

EEOC alleges medical exams and questionnaires violate ADA, GINA

by Courtney Bru The Americans with Disabilities Act (ADA) limits employers’ ability to make disability-related inquiries or subject employees to medical exams. You may not take those actions until after you’ve offered the applicant a job. Once a conditional offer of employment has been made, you may ask about medical conditions or require a medical […]

Top 10 employer mistakes in accommodating disabled employees

by Matthew A. Goodin Even experienced HR professionals have a difficult time with requests for reasonable accommodation from disabled employees. This process is even trickier if the employee needs a leave of absence as an accommodation because of the intersection of different laws that govern leaves of absence. Below are some of the most common […]

overtime

How do we explain the need to change the FLSA overtime exemption?

by Jo Ellen Whitney This summer, the U.S. Department of Labor (DOL) indicated that under new Fair Labor Standards Act (FLSA) regulations issued in May, it might be necessary for various employers to change some workers’ overtime exemption. In a blog post on the DOL website, the agency also indicated that employees would be thrilled […]

ADA defense: Disabled worker poses direct threat to health or safety

by Steven T. Collis You know you can’t discriminate against a qualified individual with a disability. But what if you are convinced the person’s disability would create a significant risk of harm to him or others if he’s allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a […]

Making job descriptions live and breathe, not sit dusty in the files

The task of writing and revising job descriptions may sound dull, but at the same time be daunting. With so much to consider—essential versus nonessential functions, varied job responsibilities, experience and education requirements, etc.—the job can be mind-numbing. Then throw in the legal issues to consider, including things like how to prevent discrimination and wage […]

In ADA Cases, Courts Defer to Employers on Essential Functions

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 […]

Practical Job Descriptions

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve […]