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Job Description Not Detailed Enough to Prove Night Shift is Essential Function of Job

July 8, 2013
Source: Lexology

In denying the employer’s motion to dismiss at the initial stage of the litigation, the court rejected the argument that language in a job description requiring employees to be able to work “various shifts” made working the night shift an essential function of the job. In addition, the court refused to accept the employer’s argument that the employee should have tried other ways to improve his condition before seeking to change his night-shift schedule.

Link: Go to website for News Source
http://www.lexology.com/library/detail.aspx?g=3735f4ce-7025-49c2-8708-38ddf2cd2612


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