A recent decision from the U.S. District Court for the Northern District of Illinois sheds light on how to determine what job tasks are properly considered essential functions of a position under the ...

Failure to accommodate claims under the Americans with Disabilities Act frequently stand or fall on a determination of the essential functions of the position at issue. Since the ADA requires an ...

Courts often give deference to employers when it comes to essential functions. This determination is relevant in ADA claims because the law doesn't require that employers remove essential functions as ...

Employers generally need not remove essential functions as an ADA accommodation. They do, however, sometimes have to remove marginal functions to accommodate a worker with a disability. Employers' ...

We have all heard the old adage "time is money," but what if an employee's disability affects his ability to show up for work on time? This issue was recently addressed in Albright v. Trustees of the ...

LAFAYETTE, La. — Waste Management of Louisiana will face a container technician’s disability discrimination claims in a federal trial. The technician says he was wrongfully fired after a pacemaker was ...