If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all? This is a big deal. Under ...

While the federal Americans with Disabilities Act (ADA) and its interpretative regulations state that "written [job] descriptions are entitled to consideration," as the 1st Circuit pointed out, the ...

The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the ...

In ADA suits, courts often have to decide what constitutes an essential job function, as the law sometimes requires that employers remove marginal function as an accommodation, but not essential ...

The foundation of a successful recruitment process relies on a position description which accurately enumerates the knowledge, skills, and abilities required to effectively perform the job and ...

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 ...

The job summary consists of one or two sentences describing why the position was created and why it exists, period. Essential functions are fundamental duties that an employee must be able to perform ...

Every organization has a hierarchy of people and job functions whether it is organic or intentional. For a business to operate efficiently and systematically, it needs a planned structure that fits ...