Accommodations suggested by employee were unreasonable

A woman who was injured away from work, and who was cleared to return to work with restrictions, claimed disability discrimination when the employer refused to accommodate her. The employee made a suggestion for accommodation which the employer said was unreasonable. Specifically, the employee said that she could perform her job if she was provided a "towmo," or forklift. Her supervisor said that arranging for a forklift and operator would be prohibitively expensive on a short term basis. Also, the entire production line, including approximately twelve machines, would have to be re-organized, and that even with this substantial re-arrangement, it was unlikely that there would be room to use an additional forklift.

The court held the employer was not required to accommodate the employee because it would create an undue hardship.

What you should do: When requested to make an accommodation and you are unable to do so, document the specific facts that would lead to a significant expense to justify your conclusion that it would create an undue hardship on the company.

Case Excerpts

Plaintiff maintains that she can perform her job at Avnet if she is provided a "towmo," or forklift, with which to move the heavy racks and barrels. Plaintiff's supervisor informed her that arranging for a forklift and operator would be prohibitively expensive on a short term basis, if not physically impossible. The plant's Human Resources Manager testified that in order to give Ms. Williams a forklift, the entire production line, including approximately twelve machines, would have to be re-organized, and that even with this substantial re-arrangement, it is unlikely that there would be room to use an additional forklift.

Safety concerns aside, medical restrictions may still be considered by an employer in deciding whether or not to re-instate an employee returning from disability leave. The concept of "returning to" something, such as a job, embodies the idea that one will resume the status quo ante, and henceforth be at the exact same location, or do or experience the exact same thing. If one attempts to "return," but is encumbered by medical restrictions, a presumption arises that one is not capable of "returning" in the full and honest sense of the word. Medical restrictions are thus highly relevant to the question of whether an employee has a colorable claim under the ADA.

Williams v. Avnet, Inc., --- F.Supp. ----, 1995 WL 761195 (E.D.N.C., Dec.,1995)

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.