What comes first, protecting the rights of the disabled, or keeping employees safe?
That’s often a dilemma for HR, but a recent court ruling brings some good news for employers.
A man was offered a job, on the condition that he passed a physical. During the examination, he revealed that a prior surgery left him with frequent weakness in his right leg. The job would have required him to spend a lot of time climbing ladders.
The company determined he couldn’t do that safely, and rescinded the job offer. He sued, claiming disability discrimination.
The court ruled in favor of the company. First of all, the judge said, weakness in a leg is not serious enough to constitute a protected disability under the ADA. And, even if the man could be considered disabled, the company was only concerned with his ability to climb ladders — which was a major function of the job.
Cite: EEOC v. Lyondell-Citgo Refining, L.P.
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