• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

No ADA violation if worker cannot perform the job

Get PDF file

by on
in Employment Law,Human Resources

It’s not an ADA violation to refuse to hire someone who obviously can’t meet the physical requirements for performing a job.

Recent case: Julia applied for a nursing job and received a conditional offer. She then underwent a required medical examination, which revealed she could not lift more than 50 pounds over her shoulder level. That was a requirement for the job because nursing staff often had to move obese patients several times per day. Julia’s job offer was rescinded.

She sued, alleging that she had been regarded as disabled.

The court said that might be true, but she still could not win an ADA lawsuit if she could not perform the job with or without an accommodation. Since she could not, her lawsuit case was dismissed. (Taylor v. Renown Health, No. 15-15096, 9th Cir., 2017)

Leave a Comment