In June 2002, Quinney filed a discrimination charge against Swire, alleging that all the drugs for which he tested positive were prescribed by his doctor and that he could not stop taking them. In July and August 2002, Swire met with Quinney four times to offer him jobs that did not involve driving and for which he was qualified. Quinney did not accept any of these four jobs and quit.
Quinney filed suit in US District Court in Utah, alleging that Swire violated the Americans with Disabilities Act because it failed to accommodate his disability. Granting summary judgment and dismissing his claims, the district court found that driving was an essential function of his job, and that Swire did not have to continue to employ Quinney. The court found it “entirely proper for Swire to rely on the opinions of its medical professionals” in determining that Quinney could not drive safely. Quinney v. Swire Coca-Cola USA, D. Utah, No. 2:07-cv-788 (05/18/09).
Impact: Employers are advised to engage in an interactive process with employees seeking job accommodation. The ADA does not require employers to accommodate employees by assigning other employees to take over the duties of a disabled employee.
The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.