Correctional Officer Requiring Unplanned Breaks Loses ADA Claim - SHRM
Takeaway: The Americans with Disabilities Act (ADA) Amendments Act of 2008 made it easier for an employee to show that they are a qualified individual entitled to the protection of the ADA. But sometimes, the limitations created by an employee’s medical condition are so severe that the employee cannot perform the essential functions of a position, particularly in public safety, with or without reasonable accommodations. In such circumstances, the ADA does not apply.
The 7th U.S. Circuit Court of Appeals recently upheld a decision granting summary judgment against the Americans with Disabilities Act (ADA) claim of a former correctional officer of Cook County, Ill., Department of Corrections (DOC). The court found that the plaintiff, who was unable to stand for long periods of time and needed frequent breaks, was not a qualified individual with a disability.
The DOC hired the plaintiff as a correctional officer in May 2010. The DOC operates one of the largest single-site pretrial detention facilities in the U.S. One essential function of correctional officers is maintaining the safety and security of the DOC’s staff, inmates, and visitors.
Security incidents occur regularly in the DOC. Correctional officers must respond to security incidents in their assigned area, and some security incidents might require all correctional officers to respond. Correctional officers must respond to incidents appropriately so that any threats are quickly and effectively defused because...
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