Q. We have a three-shift operation, and all employees are required to rotate and work on each shift. We are reviewing an employee’s request to be excused from moving from the day shift to the afternoon shift. The employee’s doctor says that his patient should not work the afternoon and midnight shifts for medical reasons, which we believe are valid. Are we required to honor this request?
A. The ADA requires employers to make reasonable accommodations to qualified employees with disabilities. There is no obligation to accommodate an employee who can't perform the “essential functions” of the job with or without accommodations.
We understand your question to be whether rotating between shifts is or can be an “essential” job function. Job functions are usually work or job-related duties to be performed. A shift assignment is not a duty.
The EEOC will likely take the position that rotating shifts is not an essential function of any job, and therefore you are required to grant the accommodation requested. However, some courts have disagreed and found that shift assignments can be essential job functions, in which case the employer need not accommodate. Such cases are going to be very fact-specific.
It’s best to consult an attorney before denying the accommodation request.
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/3141/essential-job-functions-may-include-shift-work "