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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 […]
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 […]
by Brandon Gearhart A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky, Michigan, Ohio, and Tennessee employers) illustrates the importance of the interactive process when making employment decisions about a disabled worker. The court returned a previously dismissed Americans with Disabilities Act (ADA) claim to the lower […]
Employers must make accommodations to allow employees with disabilities to participate in their wellness programs, the U.S. Equal Employment Opportunity Commission said in a recently released informal discussion letter. The letter was written in response to an employer’s question about a special program for employees with diabetes. The employer wanted to waive its annual health […]
There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]
Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]
An employer may have to tolerate an employee’s constant tardiness if it is caused by a disability, the 2nd U.S. Circuit Court of Appeals indicated March 4 in McMillan v. City of New York, No. 11-3932 (March 4, 2013). The court remanded the case to the U.S. District Court for the Southern District of New […]
A job function can be “essential” for Americans with Disabilities Act purposes even if it is rarely performed, recent case law illustrates. To qualify for ADA’s job protections, employees must be able to perform all of their job’s essential functions, with or without a reasonable accommodation. “Essential functions” are defined as the fundamental job duties […]
A reasonable jury could conclude that an employer violated the Americans with Disabilities Act when it failed to hire a deaf lifeguard, said the 6th U.S. Circuit Court of Appeals, overturning a lower court’s decision. The case, Keith v. County of Oakland (2013 WL 115647, No. 11–2276 (6th Cir. Jan. 10, 2013)) involved Nicholas Keith, […]