The company lowered its own standard, then tested her on the old one
A Colorado Caterpillar equipment dealer tested a long-serving painter on a fitness standard it had already downgraded - then fired her when she could not meet it, according to a federal complaint.
The Equal Employment Opportunity Commission filed the lawsuit on September 28 in the US District Court for the District of Colorado, alleging Wagner Equipment Co. violated the Americans with Disabilities Act on multiple fronts.
The worker had been a painter at Wagner Equipment for more than a decade, the complaint states. Her job involved sandblasting, prepping, painting, and placing decals on heavy machinery. The position came with its own dedicated forklift, plus access to a dolly, wagon, and crane for any heavy lifting. Co-workers were available for two-person lifts when needed.
In May 2021, she fell and injured her knee, according to the filing. The injury left her unable to walk. She applied for short-term disability benefits and FMLA leave, and in August 2021 underwent full knee replacement surgery.
Throughout her medical leave, she stayed in contact with her supervisor, the company's benefits coordinator, and the third-party leave administrator about her recovery, the complaint alleges.
In October 2021, she called the company and asked for a desk job or light duty so she could return to work before November, the filing states. Wagner Equipment denied the request.
By November, she had a doctor's note...
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