August 2015
By: James B.
Sherman, Esq.
The Americans with Disabilities Act (ADA) and Minnesota
state law require employers to reasonably accommodate disabled applicants and
employees. However, many employers overlook the fact that the accommodations to
which an employee may by law be entitled, ultimately must enable the employee
to adequately perform all of the essential functions of the job in question. In
a recent decision a federal court judge in Minnesota dismissed a disability
case based on finding that working overtime was an essential function of the
job.
EEOC guidelines clearly provide that reasonable
accommodations may include restructuring an employee’s work schedule. Sometimes
employers misinterpret this to mean that they must always, absent a
showing of “undue hardship,” permit a disabled employee to work hours as
directed by the employee’s doctor. However, as this particular case
demonstrates where an essential function of the job in question requires a
particular work schedule, it need not be altered as an accommodation.
Requests for altered work schedules are very common. Whether
such accommodations are required for any disabled employee or applicant can
depend on details of the particular job and work environment. So before writing
a blank pass for a disabled individual to pencil in his or her own work
schedule, seek experienced advice on whether it is necessary under the law to
do so.
Questions? Call
Attorney James Sherman at 952-746-1700 or email jasherman@wesselssherman.com.
