Infrequent Activities May Be Essential Job Functions, Rules Eleventh Circuit

The law giveth, and the law taketh away. The ADA Amendments Act of 2008 (ADAAA) makes it significantly more difficult for employers to defend ADA cases. But a recent ruling by the Eleventh Circuit Court of Appeals that even infrequent activities may constitute essential functions of an employee's position makes it clear that employers still have powerful defenses available to them.

First, some background. The ADAAA and its implementing regulations expand the definition of "disability," and even provide that the definition of "disability" should be "broadly" construed" to the "maximum extent permitted" by the terms of the ADA. Thus, the focus in ADA cases is now on whether discrimination occurred, rather than on whether the plaintiff has a disability.