Takeaway: An employer need not accommodate an employee by reallocating essential functions or permit an accommodation that poses a risk of harm to the employee or others.
Stating that "not every ailment is a disability," a U.S. district court dismissed a former employee's claim of disability discrimination upon finding that a lump in her left breast was not a disability under the Americans with Disabilities Act (ADA). The court also determined that the woman's employer had stated legitimate grounds for her termination.
The plaintiff worked on the production line for Universal Pure LLC. In May 2020, the plaintiff discovered a lump in her left breast and told her supervisor about it. In July 2020, a consultant who was monitoring productivity noticed the plaintiff leaning over the conveyor belt and packing with one hand. The consultant told the plaintiff she should not be leaning on the conveyor belt and should be using both hands to pack.
After receiving this feedback, the plaintiff met with Universal's HR manager, who told her that if she couldn't "keep up with what is needed with the job," then she could not keep working for the company. The plaintiff claimed she advised the HR manager about the lump in her breast. Universal contended that the plaintiff would not accept feedback to follow safety and productivity directions, and that is why the company terminated her.
On Oct. 22, 2021, the plaintiff sued Universal, asserting claims of disability discrimination and...
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