Can workers have it both ways? Man gets disability, then sues employer
November 26, 2009 by Christian SchappelPosted in: Employment law, In this week's e-newsletter - benefits, Latest News & Views, Pay and benefits, Who won?
There are signs everywhere workers are getting more aggressive about squeezing all they can out of their employers. The latest piece of evidence:
An Illinois man filed for a disability pension, claiming he was unable to do any work — and then he turned around and sued his employer for failing to accommodate his disability.
Tried to double dip
Here’s what happened: A police officer developed chronic obstructive pulmonary disease, a condition that makes breathing difficult.
His doctor cleared him for light duty, but no such positions were available. So the officer applied for a disability pension.
During a hearing, the man testified that his condition made it impossible to fulfill a police officer’s normal duties — “chasing a suspect or wrestling with an unruly one.”
Result: He was granted the pension.
But then he sued the department under the Americans with Disabilities Act (ADA), claiming it should’ve accommodated his disability by putting him on light duty.
The court wasn’t impressed. Taking his hearing testimony at face value (remember when he said he couldn’t fulfill an officer’s normal duties), the judge said, there was no way the man could do the job — with or without an accommodation.
Can’t claim one thing in one hearing and then deny it in another, the court ruled. So it dismissed the ADA suit.
Cite: Butler v. Village of Round Lake
Tags: ada, americans with disabilities act, Butler, Chronic obstructive pulmonary disease, disability, pension, Village of Round Lake
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