When a disabled employee requests a workplace accommodation, the Americans with Disabilities Act instructs the employer to determine whether the requested accommodation (or an alternative) allows the employee to perform the essential functions of the job and is reasonable. According to a new decision from the Eighth Circuit Court of Appeals, the fact that an employer considers a requested accommodation is not evidence that the employee is capable of performing those job functions, or that the measure under consideration is reasonable.
In Goosen v. Minn. Dept. of Transp., the plaintiff seriously injured his arm at work, limiting his ability to perform his mechanic’s duties. The employer concluded that he was not medically capable of performing his essential job functions and that there were no available accommodations other than hiring a second worker to perform those tasks. The employer next considered vacant available positions but eventually came to the conclusion that the plaintiff’s medical restrictions also limited his ability to perform those jobs.
Following separation from employment after expiration of FMLA leave, the plaintiff filed suit, alleging failure to provide a reasonable accommodation under the ADA. As evidence, he claimed that the employer initially considered another position to be a viable alternative and only later denied the employee a transfer. The Eighth Circuit rejected this reasoning, affirming dismissal of the suit.
The court stated that consideration of an employee request does not make it a required accommodation. In this situation, the employer eventually concluded that the plaintiff could not perform the essential functions of the alternative position, and it never offered that job to him. Simply considering an accommodation does not make it viable or reasonable. Employers faced with employee accommodation requests should carefully document their review of the situation, including conclusions regarding the ability of the employee to perform the job and the reasonableness of the measures under consideration.
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