ADA Does Not Require Employer to Violate Legitimate, Nondiscriminatory Policy to Accommodate Disabled Employee
KING v. CITY OF MADISON (December 4, 2008)
Gail King was a city bus driver in Madison, Wisconsin (“City”). She developed some health issues and became unable to work. After she took a six-month unpaid disability leave, the City placed her on layoff status. If she became able to return to work during the layoff period, her collective bargaining agreement gave her the right to a) displace the most junior employee in her bargaining unit with an equal or lower job classification, b) fill a vacant position within her bargaining unit for which she was qualified, or c) compete for any vacant positions in other bargaining units. When she received doctor’s permission to return to work, it was qualified by a requirement that she not drive a bus. Based on her seniority and job classification, however, driving a bus was the only job which she could choose by right. King did apply for several vacant positions outside her unit but she was found not to be most qualified and was not selected. The City terminated King after two years of leave, a remedy they were entitled to under the collective bargaining agreement. King brought this action under the Americans with Disabilities Act (“ADA”). She alleged that the City failed to accommodate her disability. The district court granted summary judgment to the City. It held that King’s medical condition did not substantially limit her major life activity and she was therefore not a qualified individual with a disability. Additionally, it held that the City provided reasonable accommodation. King appeals.
In their opinion, Judges Ripple, Wood and Tinder affirmed. The Court stated the requirements of an ADA claim. To prevail, King had to establish that she is a qualified individual with a disability, that the City was aware of her disability, and that the City failed to accommodate her disability. The Court addressed only the accommodation prong. Although an employer can accommodate a disabled person by reassigning her to a different job, an employer need not do so if it would violate a “legitimate, nondiscriminatory” policy of the employer. The City’s collective bargaining agreement is such a policy. The City complied with the policy in a neutral manner and was not in violation of the ADA.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select