ADA Process

Paige

I'm sure if I read through all the ADA posts, I could find an answer to this--but I've been reading an ADA guide and my brain is frazzled (surprise, surprise); so I'm going to see if I can get a somewhat straight answer going this route.

OK--our employee w/arthritis and degenerative joing disease--from reading the definitions, I think it's safe to say that he is disabled and is substantially limited in the major life activity of working (he can only work light, sedentary positions). He is not, however, able to perform his essential job functions as a dishroom clerk with or without accomodation (the accomodation for that position would be installing a robotic arm to lift tubs) and there is not a vacant position we can move him to.

So--I don't think he is protected under ADA.

What has happened--
Employee has been complaining of back pain; called in this past Sunday because he was having a lot of pain; brought a doctor's dictation in on Thursday dated 5/5/03 which stated that he had arthritis in one or both knees (can't remember) and some form of degenerative joint disease in the knees and/or hips (I didn't make a copy and don't remember it word for word). The dictation also stated that he should only be doing light duty, sedentary work. The dishroom is not that--he is on his feet constantly, he is lifting tubs of dishes, pushing cartloads of dishes, etc.

Can we terminate him because he is unable to work within his restrictions? We didn't know of these restrictions when he was hired? Do we have to wait until his attendance because a problem? I would think that would be his health and safety as well as that of the others at risk. What route should we take?

Thanks.
Paige

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 10-18-03 AT 01:45AM (CST)[/font][p]Regarding whether he is disabled, his being "restricted" to light work doesn't make him disabled under ADA. When it comes to work as a major life activity, the indvidual has to be either unable to perform a broad range of jobs in several categories or unable to perform a class of jobs. But it may not matter if his arthritis and hs degenerative diseas of his joints significantly impairs other major life activities, such as standing or lifting or walking. Looking at work as a major life activity is usually the last thing to consider in assessing major life activities. I assume you have the medical evidence from his doctor that allows you to determine that he does have significant impairment to one or more major life activities.

You say that "he is not, however, able to perform his essential job functions as a dishroom clerk with or without accomodation (the accomodation for that position would be installing a robotic arm to lift tubs) and there is not a vacant position we can move him to." That appears to me to mean that lifting tubs is an essential duty of the dishwasher job and that a robotic arm can do that. I'm not quite sure what you mean by "tubs" but if that task wasn't actually performed would the nature of his dishwasher job really change. It is that type of question that helps determine if a particular function is essential to the job or not.

Let's assume for argument sake that lifting tubs is in fact an essential duty. Why wouldn't you allow him to use a robotic arm to assist him to lift the tub.

But again for argument's sake...let's say that it causes an undue hardship or it won't be practicle given the szie of the work area. There may be other accommodations you can try that would allow him to lift the tub. You're not stuck with just one. Perhaps restructuring the job, or making other reasonable physical environment changes.

His doctor should have indicated the lifting aspect to help out. And contact the Job accommodation Network for other ideas. It's on the internet.

Before you go down the discharge path, take a look again at the reasonable accommdation possibilities and make sure that they won't be effective or would cause undue hardship.

Under ADA, if an ADA-disabled individual can't perform the esential duties of the job even with reaosnable accommodation (any of them), then the employee is no longer ADA qualified and is not ADA protected in that regard. But the onus is on the employer to show that first part is true.