News Notes: Big Disability Verdict Over Physical Agility Test

A San Bernardino jury’s $1.45 million verdict for a disabled employee underscores the importance of making sure that physical agility tests actually measure the ability to perform essential job functions. Judy Tousignant was a part-time juvenile hall counselor for San Bernardino County for eight years. In a physical agility test required for promotion to a full-time position, she was told to ‘squat and walk like a duck.’ But because she had osteoarthritis in her knees, she failed the test and was terminated. Tousignant sued for disability bias, claiming the test didn’t measure the job’s essential functions and there was no difference in duties between the full-time and part-time counselor positions.