You don’t have to accommodate disabled employees who can’t perform the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply.
But before you can make that argument, you must be able to show what those essential functions are.
Recent case: Elizabeth was a philosophy professor at Lewis University. She became depressed and anxious because of conflicts with the department chair and others at the university. She requested several reasonable accommodations, including assignment to an office far away from the chair’s office. None of the offices the university suggested suited her and she sued, alleging disability discrimination.
The university argued that Elizabeth couldn’t claim ADA protection because it could do nothing to enable her to perform the essential functions of her job, which it defined as communicating with students, professors, administrators and others at the university. Elizabeth had claimed that for a month, she felt unable to check her voicemail or email. The university said that obviously meant she couldn’t be accommodated.
The court disagreed with the school. It pointed out that the job description for her position didn’t include specifics about communication. Plus, it was obvious that if she could teach her classes, she was communicating. That obligated the university to consider reasonable accommodations. (Hoppe v. Lewis University, No. 11-3358, 7th Cir., 2012)
Final note: The university won the case anyway because it showed Elizabeth didn’t cooperate in the accommodations process, other than to reject suggestions.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Supreme Court's Walmart ruling makes it harder for workers to bring class actions
- Pennsylvania Human Relations Act
- Foul-Mouthed manager leads to lawsuit against auto dealer
- After cutting staff, can we require remaining employees to work overtime?