A recent court decision confirms what we’d feared: Concern for employees and common sense have no place in disability discrimination cases.
OK, that’s probably a little harsh. But consider the case of one company that took steps to protect a pregnant worker – and subsequently lost a disability bias lawsuit.
Trying to be helpful
Shortly after being hired as a welder, Heather Spees discovered that she was pregnant. Spees, who had a miscarriage two years before, got clearance from her doctor to work.
But her supervisor, aware of her miscarriage and the dangers involved in welding — he testified it was just “common sense” that a pregnant woman shouldn’t be subjected to such physically demanding work and its attendant toxic fumes — asked her to return to the doctor to get a note for light duty.
She did so, and was assigned a job in the plant’s tool room.
But shortly thereafter, Spees was confined to bed rest for the remainder of her pregnancy.
Since she’d worked fewer than 90 days and hadn’t accumulated leave, the company fired her for excessive absences. Spees filed suit, claiming the company had regarded her pregnancy as a disability because she’d had a miscarriage in the past.
The court agreed. The firm believed her pregnancy prevented her from doing her primary job – which meant they felt her pregnancy substantially limited a major life activity.
The lesson: Even the best of intentions can come back to bite you when it comes to dealing with employee disabilities. Your best bet is to refrain from a paternalistic approach and let the employee lead the way toward a reasonable accommodation.
Cite: Spees v. James Marine, Inc. For a look at the full appeals court decision, go here.
