Labor and Employment Law

Recent Posts

Did You Hear the One About the One-Armed Man Who Applied for a Job with TSA?
Posted on 28 Jul 2011 by Jon Hyman

Michael Costantino was born without a left hand. Should the Transportation Security Administration have hired him as an airport screener? Or, has it violated the ADA by refusing to hire him because of his missing hand? Eva Tahmincioglu reports the... Read More

Attendance May Be an Essential Job Function Under the ADA. But, How Do You Know?
Posted on 14 Oct 2015 by Eric Meyer

The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part... Read More

Are Pregnant Employees Entitled to Reasonable Accommodation?
Posted on 21 Sep 2011 by Robin Shea

Our friends at the U.S. Equal Employment Opportunity Commission recently scored another big win in a pregnancy discrimination case -- actually got summary judgment against the employer, which is unusual. In this case, the employer apparently knew it had... Read More

Essential Functions and Job Descriptions: Say What You Mean to Say
Posted on 17 Jan 2014 by Doug Esten

In Henschel v. Clare County Road Commission [ an enhanced version of this opinion is available to subscribers ], the 6th Circuit reminded employers that the determination of what responsibilities are essential job functions is typically a question... Read More

Here's Why You Provide a List of Essential Job Functions When Approving FMLA
Posted on 28 Aug 2014 by Eric Meyer

The FMLA's return-to-work requirement. Under the Family and Medical Leave Act , an eligible employee has the right to take up to twelve workweeks of covered leave for, among other things, for the employee's own serious health condition. ... Read More

Must an ADA Requested Accommodation Correlate to an Essential Job Function?
Posted on 11 Oct 2013 by Eric Meyer

To receive the protections of the Americans with Disabilities Act , an individual with a disability must be qualified to perform the essential functions of the job with or without reasonable accommodation. Absent undue hardship, an employer must provide... Read More

ADA’S Reasonable Accommodation Requirement Should Make Updating Job Descriptions an “Essential Function” for Human Resources Professionals
Posted on 25 Feb 2013 by Steptoe & Johnson PLLC

by Ann Kontner It seems that as Human Resources professionals we have been inundated with information about the new definition of the term "disability" under the ADA Amendments Act (ADAAA) of 2008. Furthermore, it has been burned into... Read More

Update Your Job Descriptions. Because, Americans with Disabilities Act
Posted on 26 Jun 2015 by Eric Meyer

A friendly reminder that, just because your job description might say what an employee is supposed to do, doesn’t mean that’s what your employee actually does. And, in an Americans with Disabilities Act case, here’s why that matters…... Read More