Employment Disability – Essential job functions

The fact that certain tasks associated with a particular position can be either reduced, reassigned or reallocated to a subordinate does not, by itself, render them non-essential.

Jones v. Walgreen Co., et al. (Lawyers Weekly No. 01-125-12) (27 pages) (Torruella, J.) (1st Circuit) Appealed from a decision by Ponsor, J., in the U.S. District Court for the District of Massachusetts. Joshua Karsh, with whom Hughes Socol Piers Resnick & Dym and John M. Brown were on brief, for the plaintiff-appellant; Gregory A. Manousos, with whom Robert P. Morris and Morgan, Brown & Joy were on brief, for the defendants-appellees (Docket No. 11-1917) (May 10, 2012).