Takeaway: Employers can generally set essential requirements for a job. In this case, however, the employee claimed difficulty in holding the mandated firearm due to his physical disability.
The 10th U.S. Circuit Court of Appeals recently concluded that an employer could be required to allow a corrections officer to use his preferred firearm as an accommodation.
The plaintiff was born missing the second and fifth fingers on both hands due to a congenital condition. His hand and wrist structures also lacked the bones, tendons and muscles associated with those fingers. Because of this disability, the plaintiff encountered difficulties grasping, pulling or performing other functions with his hands.
In May 2016, the Utah Department of Corrections (UDC) hired the plaintiff as a corrections officer. The plaintiff had previously worked for the Arizona Department of Corrections. The UDC warden hired the plaintiff with knowledge both of his disability and his possible future need for accommodations.
The plaintiff first worked as a “utility,” a temporary role in which he rotated through different assignments at UDC. While the position is generally unarmed, some of his assignments required him to carry a firearm. He had occasion to carry a weapon almost 80 times while serving in the utility position.
As a condition of eligibility for permanent employment, the UDC requires corrections officers to complete its training academy. Corrections officers must train and qualify on firearms...
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