How far does an employer’s judgment about essential functions take you? In Larry Tate v. Thomas Dart, the Seventh Circuit examined an employee’s claim that his employer’s refusal to promote him because it could not accommodate his medical restrictions violated the Americans with Disabilities Act (ADA). Spoiler alert, the Seventh Circuit found in the employer’s favor.
Larry Tate had worked for the sheriff in the Department of Corrections since 2007. Although he suffered a back injury early in his career, he returned to work under medical restrictions that included avoiding “situations in which there is a significant chance of violence or conflict.” The sheriff later promoted Tate to sergeant. So far, so good.
Tate took and passed the promotional exam for lieutenant, was certified as eligible for promotion, and was provisionally promoted to lieutenant. Human Resources told Tate that his promotion to lieutenant was contingent on receiving medical clearance from his doctor because lieutenants were required to regularly manage and defuse violent inmate situations. According to the Department of Corrections, being able to manage disruptive inmate behavior and respond to emergency situations was an “essential function” of the lieutenant position. Given that Tate was medically restricted from performing that function, the sheriff returned him to the rank of sergeant.
Tate filed a lawsuit alleging failure to accommodate his disability in...
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