ADA ruling: Coming to work is an essential job function — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

ADA ruling: Coming to work is an essential job function

Get PDF file

by on
in FMLA Guidelines,Human Resources

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 FMLA leave 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)

Leave a Comment

Previous post:

Next post: