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 Americans with Disabilities Act is not an affirmative action law, meaning that employers are not required to hire or continue the employment of disabled persons who cannot perform essential job ...
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 ...
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 ...
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