Do you ever fear that employees’ physical problems could create a danger to themselves or others around them? Think it would be best to change their duties to keep everyone safe? A new court ruling shows why such a well-intentioned deed could backfire into a “regarded as disabled” lawsuit under the Americans with Disabilities Act...
Case in Point: David Justice worked as an electrician at a beverage canning plant for 10 years. His job included working with large machines, walking on high catwalks and using ladders and hydraulic lifts. But after he suffered a stroke, he had difficulty with balance and vertigo.
His doctors eventually let him return but restricted him from working at heights. The company properly acknowledged the restriction and used other electricians to perform the height tasks.
But a few years later, Justice was transferred to the night shift. He was placed under a new superviso...(register to read more)