Archive for the ‘Essential functions’ Category

Using Restraint in Your Job – Very Rare but Still Essential

Authored By: Stephen W. Lyman


Sometimes the important things that an employee may be required to do in a job almost never happen.  Take for example a worker at a juvenile detention center who might one day have to physically restrain a violent youth who might be causing trouble at the facility.  It doesn’t happen often, but it certainly could.  Does the employer have to accommodate a worker who is physically unable to perform a rare job function?  A recent court decision answers that question.  (more…)

Pregnancy, Lifting Restrictions and Unpaid Leave – No Liability for Employer

Authored By: Stephen W. Lyman


Pregnant Employee with 10 Pound Lifting Restriction – What to Do?

Is it unlawful discrimination for an employer to place a pregnant part-time merchandise stocker with a 10-pound lifting restriction on an involuntary unpaid leave?

In this recent case decided by the Seventh Circuit, the Court said “No“. . . there was no unlawful discrimination because this pregnant employee was treated no differently than any other employee who was not pregnant. (more…)

Regular and Dependable Attendance Is an Essential Job Function for a Nurse

Authored By: Stephen W. Lyman


Dealing with an employee’s poor attendance is one of the bigger headaches for management, especially in health care where a crucial employee’s unplanned absence could mean the difference between life and death for a patient.  But the FMLA and the ADA add layers of complexity and uncertainty for employers in striking a balance between employee rights and the rights of the patients.  The FMLA is comparatively straight forward.  The real challenge arises under the ADA when an employer has to decide to what extent poor attendance must be accommodated.  Here is the tough question that confronted a hospital in Oregon not long ago when it had to determine if completely exempting a nurse from its attendance policy was a reasonable accommodation:                     

Question:  Is regular and dependable attendance an essential job function for a nurse?   

Answer:  Yes, it is! 

(more…)