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 supervisor who didn’t know about Justice’s work restrictions. The new boss observed Justice’s balance problems and feared he might pose a safety threat. Eventually the new boss transferred Justice to a janitor job, which was the factory’s lowest-ranking position and paid significantly less than an electrician.

Justice shot off an ADA lawsuit, saying the company unlawfully “regarded” him as disabled, even if he wasn’t. Thus, he claimed, he should be eligible for ADA job protection and reasonable accommodations for his condition. The company argued that he wasn’t disabled, so he shouldn’t get any special rights.

To prove a “regarded as disabled” discrimination claim, employees must show that the employer believed that the employee was “significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes” when in fact that is not the case.

How did this case end … and what three lessons can be learned?