Thursday, July 13, 2017

The ADA Says You Get to Decide What Job Functions Are ‘Essential’ - TLNT

by Eric B. Meyer
Originally published: July 6, 2017

About a year ago, I blogged here about a litigation attorney with the State of Louisiana. She has a “disability” under the Americans with Disabilities Act. On account of her illness, the U.S. Department of Justice accommodated the litigator by allowing her to telecommute from home temporarily, hoping to eventually reintegrate her into the office.

After trying to come back to work, sadly, the litigator was hospitalized. Many months later, the DOJ advised that it would no longer accommodate the litigator’s request to work from home; most notably, because her own doctor restricted all of her essential job functions as a litigation attorney. A few weeks later, the litigator returned to the office, worked for a few months, resigned, and sued under the ADA.