One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if necessary, trying to find another workable accommodation, including transferring the employee to a different position if one is available.
Manager Seeks Reassignment
Susan Spitzer, a Good Guys store manager in San Francisco, had a painful, degenerative back condition that was exacerbated by her having to be on her feet for as many as 10 hours a day. Spitzer said she repeatedly asked for reassignment to a sedentary position. But, she claimed, the company’s only response was telling her to ask other managers whether they had any positions available and to check the company’s job hotline—efforts she said proved fruitless.
The Good Guys allowed Spitzer to sit in a chair on the sales floor and take frequent breaks. Spitzer charged, however, that these accommodations actually made it more difficult for her to perform her sales manager duties, causing her to receive a negative performance evaluation.
Because she couldn’t adequately do her job or transfer to another position, Spitzer eventually quit and sued under California’s anti-discrimination statute.
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Company Denies Knowledge
The Good Guys contended that it fulfilled its duty to accommodate Spitzer by restructuring her job, and it asked the court to dismiss her case. The employer also argued that Spitzer never explicitly told them she was unable to do her job, and therefore it didn’t know she needed further accommodations.
The trial court agreed with the employer’s position, but the Court of Appeal rejected the Good Guys argument and reinstated Spitzer’s lawsuit.
You May Have To Find A New Position
The appellate court explained that although restructuring a disabled worker’s job can be a reasonable accommodation, if the arrangement isn’t working, reassignment may be necessary.
The court pointed out that leaving it up to Spitzer to find a new position in the company wasn’t a reasonable accommodation. An employer’s duty to reassign means doing more than treating the disabled employee like any other job applicant. You have to actively try to locate a vacant job the employee is qualified to perform.
The Court of Appeal sent the case back to the trial court for a jury to decide whether The Good Guys knew that the restructuring hadn’t allowed Spitzer to perform her sales manager duties and that she needed an alternative position.
3 Steps You Can Take
These strategies can help you comply with your obligations and reduce the risk of a lawsuit:
- Engage in dialog. When an employee informs you they are disabled, talk openly with the person about their needs and job duties to try to develop a successful accommodation.
- Monitor the accommodation. Periodically check with the employee to see how they’re doing. Also, supervisors should be aware of the importance of providing an effective accommodation.
- Consider reassignment. If it appears the employee can’t adequately perform the essential functions of the existing job even with an accommodation in place, look for a vacant position the employee qualifies for. As this case shows, it’s not enough to leave it up to the employee to find a new job.