Magazine article HRMagazine

Legal Briefs

Magazine article HRMagazine

Legal Briefs

Article excerpt

DRIVING MAY NOT BE AN ESSENTIAL JOB FUNCTION OF A TRAVELING SALESPERSON

A traveling pharmaceutical sales representative who was fired after she developed an eye condition that rendered her unable to drive is entitled to a trial of her Americans with Disabilities Act claim, the 4th U.S. Circuit Court of Appeals ruled. Although the employee was required to travel to and from doctors' offices to sell pharmaceutical products, her job description did not list driving as an essential function. She is entitled to a trial to determine whether the company should have accommodated her disability by providing her with a driver, the court determined.

LOAN UNDERWRITERS NOT ENTITLED TO OVERTIME

A wage and hour class-action lawsuit filed by residential loan underwriters against a bank was properly dismissed by a lower court because the underwriters were exempt administrative employees, the 6th U. …

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