When an employee requests an ADA accommodation, the employer must go through the interactive process and agree on something that works for both parties.
But what happens when an employee isn’t satisfied, even after the employer has fulfilled its responsibilities?
Returned to work with restrictions
Johnny Mack Mitchell, a worker at chicken producer Pilgrim’s Pride Corporation, injured his rotator cuff while hanging chickens.
Mitchell underwent surgery, and eventually was cleared to return to work with minor lifting restrictions. However, Mitchell’s occupational nurse suggested he not go back to his old job. Pilgrim’s Pride reassigned him to a position where he’d no longer be hanging chickens.
But Mitchell wasn’t satisfied with his reassignment and he sued his employer for failure to accommodate.
The 11th Circuit disagreed with Mitchell. It said his reassignment didn’t violate Mitchell’s lifting restrictions, and took into account the nurse’s recommendation.
Mitchell also never could explain how the reassignment wasn’t a reasonable accommodation for him. The company didn’t violate the ADA, the court concluded.
Cite: Mitchell v. Pilgrim’s Pride Corporation, 6/1/20.