Employers beware – you cannot assume that on-time attendance is an essential function of every job, as the U.S. Court of Appeals for the Second Circuit recently ruled. In McMillian v. City of New York ...

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 ...

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 ...

A law-enforcement employee with post-traumatic stress disorder as a result of his military service was unable to satisfy an essential function of his job: round-the-clock, on-call availability, the ...