equiring a full medical release before allowing an employee to return to work
may violate the Americans with Disabilities Act (ADA). That was the court’s decision
in a lawsuit brought by Todd Wright against his former employer, Middle Tennessee
Electrical Membership.
Wright, who had suffered a serious work-related knee injury, alleged that the
company failed to accommodate him and provide him with light duty work. His doctor
had released him to work with restrictions, but the company’s policy precluded employees
from returning to work until they had a full medical release. No offers of light
duty employment were made by the company for two months, until Wright filed a discrimination
charge with the EEOC.
It was undisputed that the company would not consider an injured employee for
any job until the employee had a full medical release. According to the court, requiring
a full release from a medical doctor prior to returning to work might be tantamount
to an impermissible "100 percent healed policy," which violates ADA.
In ordering a trial on Wright’s claims under the ADA, the court noted, "[w]hale
an employer is not required to create a light duty position where none exists and
the ADA permits job requirements that are job-related and consistent with business
necessity, a ‘100 percent healed’ or ‘fully-healed’ policy is per se a violation
of the ADA." Todd Wright v. Middle Tenn. Elec. Membership Corp., No. 3:05-cv-00969
(M.D. Tenn. Dec. 7, 2006)
Impact: Employers are advised that when considering the return to work of employees
on medical leaves of absences, reasonable accommodation may be required in the event
the returning employee is unable to perform all of the job duties of their former
position.
Workforce Management Online, February 2007 -- Register Now!
= Member Only
