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ARTICLE · 01 DECEMBER 2022

ADA Update: Is On-Site Work An Essential Function?

Berman Fink Van Horn P.C.
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One of the most interesting issues concerning the Americans with Disabilities Act ("ADA") that arose from the COVID-19 pandemic is whether performing work on-site is an essential function of the job.

United StatesEmployment and HR
Kenneth N. Winkler
Kenneth N. Winkler
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One of the most interesting issues concerning the Americans with Disabilities Act ("ADA") that arose from the COVID-19 pandemic is whether performing work on-site is an essential function of the job. In other words, if an employee was able to successfully work remotely during the pandemic, is on-site work post-pandemic essential?

On November 14, 2022, the Eighth Circuit Court of Appeals issued a decision indicating that successful telework could establish that continued remote work would be a reasonable accommodation.

In Mobley v. St. Luke's Health System, Inc., No. 21-2417, 2022 WL 16955465 (8th Cir. Nov. 16, 2022), a former managerial employee, who was diagnosed with multiple sclerosis (MS), filed a lawsuit against his employer for failure to accommodate under the Americans with Disabilities Act. The key facts in the case are described below.

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