Memo to HR: In ADA accommodation cases, be sure to conduct an individualized assessment of the applicant or employee before you conclude that it’s not possible to provide a reasonable accommodation.
Making blanket assumptions about what people with disabilities can and cannot do is a terrible idea.
And if you believe that allowing an individual with a disability to perform a certain job would create an unacceptable safety risk, be prepared to show how and why.
An employer in a case from Nebraska recently dealt with these issues. And although it is probably thanking its lucky stars for the ADA’s statutory cap on damages, it’s still on the hook for a six-figure jury award. Here’s what happened.
Victor Robinson is deaf. In 2015, he obtained a medical variance, per applicable federal regulations, that allowed him to pursue a CDL and a career as a truck driver.
Robinson successfully completed a driver training program that was operated by Werner Enterprises. He did so with the assistance of an interpreter, who communicated with him from the back seat of the truck. He obtained his CDL after he completed the program.
His next step was to apply for a position as an over-the-road driver with Werner. The company’s policy was to require drivers with less than six months of experience driving a commercial truck to complete a driver placement program that lasted from four to six weeks.
During that period, new drivers were required to...
The Gazette offers audio versions of articles using Instaread. Some words may be mispronounced. If their true motivations were to organize troops of angry demonstrators to wave signs, shout chants ...