Tag Archives: ADAAA

Disability Accommodations – When is Attendance “Essential”??

When an individual is suffering from a disability, as defined in the American’s with Disabilities Act, their employer is required to work with them to find a reasonable accommodation that would allow them to complete all of the “essential duties” of their job.  If the individual cannot complete all of the essential duties then they could be terminated even though they have a disability.  Therefore, determining what qualifies as “essential” is a crucial step in the accommodation process.

While courts will generally look to a number of sources to determine what duties are essential to any given job (job descriptions, time sheets, etc.), there are some aspects of work that are nearly always considered to be essential.  Attendance at work is one of these aspects that courts will almost always accept as being “essential” without much further analysis.  However,  a recent decision from a federal court in Indiana shows that courts may be willing to analyze how essential attendance is on a case-by-case basis.  See E.E.O.C. v. AT&T Co., Case No. 1:12-cv-00402-TWP-DKL (S.D. Ind., Nov. 20, 2013).  This case could be useful for anyone whose disability affects their ability to routinely attend work. Continue reading

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Need a Disability Accommodation? Make Sure You Ask for Everything

Most of the people that I work with are aware that the American’s with Disabilities Act (ADA) allows employees to request modifications to their employment so that they an continue to work.  However, often they are less clear on what sort of modifications they can request and what work responsibilities they must still be able to complete.  A trio of recent cases demonstrate why it is important to make your request for accommodations as broad and all-encompassing as possible… Continue reading

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Filed under Americans with Disabilities Act