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She said the company failed to accommodate her disability, claiming it should have known about her condition because it was “open, obvious and apparent.” Her employer defended the claim with the “we knew nothing” defense.Result: The court sided with the company, and an appeals court agreed.
Employees have a responsibility to explain their conditions and request an accommodation.While the Americans with Disabilities Act (ADA) says you must offer a “reasonable accommodation” to disabled employees, how obvious must the person’s disability be before you fall under that requirement?And what is the employee’s duty to alert you and request the accommodation?"Marginal functions" are those job duties that are less important or critical to the success or failure of the specific position.
A function can be "essential" if, among other things: the position exists to perform the function; a limited number of other employees are available to perform the function; or the function is highly specialized and the individual is hired based on her having those specialized skills.
Major Life Activities: Major life activities include activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.