By Kathy Kreps, JD, Porter Wright Morris & Arthur LLP
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A recently decided case involving the reassignment of a legally deaf forklift operator serves as a good reminder to all employers of the importance of not making assumptions and of conducting a thorough individualized assessment of a disabled person’s ability or inability to perform a specific type of job.
Nicholas Siewertsen is a deaf man who has worked for Worthington Steel since 1999. His primary form of communication is sign language, and he can “feel the vibrations” of noises and sounds. He communicated via a notepad to write messages, instant messaging, Microsoft Word, hand gestures, and limited speech.
During his time with the company, Siewertsen operated forklifts, overhead cranes, and other heavy motorized equipment. When operating a forklift, employees were required to honk an attached horn repeatedly when approaching a corner, in the shipping bay, and when reversing. Siewertsen couldn’t hear the horn, but he could feel the vibrations.
Before operating a forklift, he would inspect the forklift’s flashing lights and emergency brakes to make sure they were working, and he would honk the horn to make sure he could feel its vibrations. He received multiple awards for outstanding safety performance, and his evaluations consistently demonstrated his supervisor considered him safety-conscious.
But in 2011, years after Siewertsen first became employed, his supervisors became aware of a corporatewide policy that deaf employees weren’t permitted to operate forklifts…