Professional Service Agreement

Working Rotating Shifts was Essential Job Function — Refusal to do so Doomed ADA Claim

May 14, 2018

A federal appellate court has affirmed dismissal of claims that the rights under the Americans with Disabilities Act (ADA) of a Burger King assistant manager. The employee suffered from Post Traumatic Stress Disorder (PTSD) and depression. The employee resigned when his employer refused his request for a permanent fixed work schedule instead of one comprised of rotating shifts. Being able to work rotating shifts was an essential function, said the court, and the fact that the employer temporarily granted him the accommodation of a fixed schedule did not mean it conceded that rotating shifts was a nonessential function.