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Doubtful accommodations? Let employee try anyway

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in Discrimination and Harassment,Human Resources

Refusing to consider an ADA accommodation can spell big legal trouble. Give disabled workers a chance to prove they can do the job.

Recent case: James has had muscular dystrophy for years, but somehow managed to be a high performer on a strenuous production line. He never told anyone about his condition until he was hurt at work and went out on workers’ comp leave. Medical exams then let the company in on the secret.

After two years treatment for the work injury, James was terminated because the company’s doctor wouldn’t clear him unless he was authorized to perform a full function exam, which the company refused to pay for. James said he would pay for the exam, but the company never responded. That was enough evidence for the court to order a disability discrimination trial. (Yanoski v. Silgan, No. 3:14-CV-01862, MD PA, 2016)

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