By Katharine Essick, JD, Sedgwick LLP
A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an honest mistake—will be borne by the employer.
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Stanislaus County employed Dennis Wallace as a deputy sheriff. Wallace suffered on-the-job injuries to his knee. Based on his physician’s work restrictions, the county assigned him to a series of light-duty positions in the sheriff’s department. He performed well and received positive performance reviews.
Then, at the county’s behest, Wallace underwent an “Agreed Medical Examination” by a physician who imposed more severe work restrictions. Based on the new restrictions, the county determined that it didn’t have any position for him in the sheriff’s department, and moreover, he could not safely perform the sheriff’s job without risk of harm to himself and others.
The county removed Wallace from his bailiff position and placed him on unpaid leave, which it characterized as a “reasonable accommodation.”