Within the last year, interesting trends have emerged from federal courts on a variety of important ADA issues. Striking somewhat of a balance, courts have tended to be more favorable to employers in deciding which functions of a job are truly “essential.” Conversely, many courts have sided with the employee regarding the sufficiency of the job description on the same question. Recently, the U.S. 11th Circuit Court of Appeals released an opinion that continues the latter trend and offers important insights for employers.
