If you are an employee with a physical or mental condition that limits a major life activity such as sleeping, walking, talking, taking care of yourself or working, you maybe considered to have a disability within the meaning of the federal Americans with Disabilities Act.
That means that if you can perform the necessary functions of your job with reasonable accommodations, the ADA protects you from being fired, demoted or paid less due to your disability. But if you refuse a reasonable accommodation, you might have a hard time claiming your employer discriminated against you, as a worker in Virginia recently learned.
In that case, Laura Tartaro-McGowan was a clinical nurse employed by a home healthcare company who provided care to patients in their homes. After under- going knee surgery, she accepted a position as clinical manager. A major responsibility in the job description was field visits with patients that might require physical tasks like bending, lifting and stooping, but only on an “as needed” basis. In May 2020, when the pandemic hit, the employer demanded that all staff perform field visits because of COVID-related staffing shortages. Tartaro-McGowan requested to be excused from the visits, citing limitations caused by her knees. The employer suggested instead that she screen her field visits and select only those she could physically perform. They also permitted her to perform many tasks while sitting and said she wouldn’t have to make back-to-back visits.
When Tartaro-McGowan’s doctor described her physical restrictions, the employer reiterated its offer, which she declined. Neither party offered alternatives. Eventually she was fired for not performing field visits and sued her employer in federal court, claiming that it violated the ADA by failing to accommodate her disability.
A federal trial court dismissed the case, and a federal appeals court upheld the ruling on appeal.
According to the court, as long as the employer’s chosen accommodation was reasonable under the circumstances, it did not need to be perfect in order to satisfy ADA requirements.
In light of this ruling, employees are advised to consult with an employment lawyer before refusing an accommodation that they don’t think is reason- able. And employers should speak with their attorney before taking a negative employment action against an employee with a disability.