A federal trial court has concluded that coming to work is an essential function of one’s job. Therefore, the ADA doesn’t cover disabled employees who can’t meet that basic requirement.
Recent case: Doudou Janneh worked part time for a movie theater chain until he became ill. Janneh claimed he was disabled. Because he had not worked enough hours to be eligible for and because he had no other leave available, he was terminated.
He sued, alleging disability bias.
The court tossed out his case, reasoning that Janneh had not been capable of returning to work since the day he was discharged and his deposition three years later. Under those circumstances he was not a qualified disabled employee because he was incapable of coming to work at all. (Janneh v. Regal Entertainment Group, No. 3:07-CV-79, ND NY, 2009)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/10385/ada-ruling-coming-to-work-is-an-essential-job-function "