essential function

Being “Qualified” Doesn’t Necessarily Mean Being Able to Perform “Essential Functions” of Job

By Daniel Schwartz on May 19, 2015

Back in September 2013, I reported on a seemingly never-ending case of Tomick v. UPS and mentioned that it was headed to its second appeal at the Connecticut Appellate Court. (I talked about the history of the case and the first appeal back in 2012 too. Amazingly, it dates to a termination decision way…

By Daniel Schwartz on March 6, 2013

I’m late / I’m late / For a very important date. / No time to say “Hello, Goodbye”. / I’m late, I’m late, I’m late. — White Rabbit, from “Alice in Wonderland” (1951)

Let’s start with the premise, as the Second Circuit does, that “In many, if not most, employment contexts, a timely arrival…