Takeaway: The appeals court found that the challenging nature of the plaintiff’s work, his work conditions, and his work hours made his condition a direct threat to the safety of others and himself.
A utility employee with more than 30 years of service began suffering from seizures after years of difficult physical duties that required significant overtime. As a result, his employer forced him to resign. The court sympathized with the employee, but it found that he could not prove disability discrimination when he posed a direct threat to the safety of others and himself.
Newport Utilities provides electrical, wastewater, water, and broadband services to residents in and around Newport, Tenn. The plaintiff was hired in 1988, originally serving in the electrical division stockroom and gradually working his way up the ranks due to excellent performance. In 2014, he was promoted to one of the division’s three bucket foreman positions, a position which he held until he retired.
Newport Utilities relies on teams consisting of a bucket foreman and a lineman to maintain and fix electrical facilities in the field. These dangerous jobs require the teams to climb up poles and work with live, and potentially deadly, power lines — often in extreme weather conditions. The bucket foreman supervises the other lineman and has to stay alert at all times. The teams use a bucket truck to travel to power lines in need of repair and reach elevated lines. Although the truck is operated by a...
News Actor Kim Soo Hyun has filed an additional criminal complaint for false accusation (malicious prosecution) against Kim Se Ui, the operator of YouTube channel Garo Sero Institute, and the famil...