It’s important to be extra careful when evaluating the abilities of an employee who was previously injured and wants to come back to work. Unless you carefully consider the individual’s current skills and recent medical reports, deciding that the worker can’t perform certain tasks can expose you to an expensive discrimination lawsuit for erroneously regarding the person as disabled. A recent court ruling against United Airlines illustrates the newest peril of “regarded as” disability claims.
Injured Aircraft Mechanic
The suit was brought by Richard Deppe, a United mechanic in San Francisco who injured his back and neck on the job. After nearly four years of receiving workers’ comp benefits, which included some computer training, Deppe said he had recovered and could work again, though not in the same physically challenging job.
United concluded there were no positions in which he could be placed. As a result, Deppe was terminated.
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Appellate Court Sends Case To Trial
Deppe sued United claiming that his discharge violated the Americans with Disabilities Act. Although he contended that he was not disabled, he said that United incorrectly regarded him as such and fired him solely for that reason.
United initially succeeded in persuading the court to dismiss Deppe’s case. But the Ninth Circuit Court of Appeal reinstated the suit, concluding that there was enough evidence to warrant a trial of Deppe’s claims.
Evidence Of Perceived Disability
The court looked for support for United’s position that it terminated Deppe based on a sound assessment that he wasn’t qualified for job openings with the airline. Instead, what the court found were indications that members of United’s Accommodations Committee had relied on old medical information to assess Deppe’s suitability for various jobs.
For example, a company doctor used what Deppe said was an outdated 18-month-old medical evaluation to declare that he was totally and permanently disabled. Moreover, there was a conflict in the testimony of the committee members about what work Deppe could perform. Deppe will now have to prove United incorrectly perceived him to be disabled and refused to accommodate him.
Recommendations
If you decide that an injured employee who wants to come back to work is not physically ready, the reality is that the burden will be on you to justify that conclusion. You’ll be in a stronger position to defend your decision if you:
- Use up-to-date records. Make sure you have the latest information about an employee’s medical condition and work abilities, including current vocational rehabilitation reports, if available.
- Maintain accurate job descriptions. With carefully written job descriptions, you will be better able to make objective decisions about an employee’s ability to handle a particular job.
- Give a fitness-for-duty exam. If there is any question that an employee may be disabled, have the employee undergo a fitness-for-duty exam. Be sure that the medical personnel who administer the test have a current job description.