On Jan. 14, 2020, the 5th Circuit ruled on whether the Americans with Disabilities Act (ADA) requires an employer to excuse terminable misconduct — in this case, sleeping on the job — based on an employee’s after-the-fact, disability-related explanation.
Profound changes in work, workplaces, and workers are creating demand for new approaches to leave policies. Our session at the 2019 DMEC Compliance Conference, Keep Up With the Competition: Creating Innovative Company Leave Programs, will enable you to understand these changes; identify how they impact your company; and learn how to incorporate this knowledge into the design of leave policies that create a competitive advantage while maintaining legal compliance and coordination with other benefits.
The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs,” but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.
In an 8th Circuit case, the court affirmed that regular, reliable attendance is an essential function of a job.
A recent Connecticut Appellate Court case provides helpful reminders that regular, reliable attendance can be an essential function of many jobs; and eliminating an essential job function is not a reasonable accommodation.
The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
Immediate Accommodation Not Required: 6th Circuit In Brumley v. United Parcel Service, the 6th Circuit U.S. Court of Appeals held that an “employer’s refusal to provide an accommodation to the … Read More
Building Your Foundation: The ADA and Job Descriptions By Margaret Walsh, MS, CRC, CDMS, CCM RTW Consultant The Hartford Almost a decade has passed since the Americans with Disabilities Act … Read More
ADA, Mandatory Overtime, and Essential Functions: Do These Three Ever Meet? By Marti Cardi, JD VP Product Compliance Matrix Absence Management Many employment positions have mandatory overtime, whether by regular … Read More