An Employer Is Not Required To Keep A Job Position That Is No Longer Necessary In Order To Accomodate A Disability
GRATZL v. OFFICE OF THE CHIEF JUDGES (April 7, 2010)
Jeanne Gratzl has suffered from incontinence for several years. It has interfered with her ability to perform certain jobs and undertake normal commutes. All seemed well when she was hired by DuPage County for a “control room” court reporting position. Unlike most court reporting positions that require attendance at trials and in courtrooms, her position allowed her to manage her condition well. In fact, she managed it so well that her colleagues and superiors were not aware of it. In 2006, all that changed. The Chief Judge of DuPage County redefined the position of a court reporter – and required all court reporters to do the same job. That meant that all court reporters had to rotate through the control room and the courtrooms. Gratzl disclosed her condition to the Chief Judge. The parties engaged in a series of conversations attempting to reach an accommodation. The only accommodation Gratzl would accept was a full-time assignment to the control room. The Chief Judge offered several accommodations; including no trial assignments, assignments to courtrooms nearest the restrooms, and allowing her to use a hand signal to indicate to a presiding judge that she needed a break. When she rejected these accommodations, the County terminated her employment. Gratzl brought suit under the Americans with Disabilities Act and the Rehabilitation Act. The district court granted summary judgment to the County on the ground that Gratzl was not disabled. Gratzl appeals.
In their opinion, Judges Bauer, Manion, and Williams affirmed. The Court noted the similar requirements of both the ADA and the Rehabilitation Act. A plaintiff must show that she is a qualified individual, with a disability, of which the defendant is aware, and for which the defendant failed to reasonably accommodate. Although the Court briefly addressed whether Gratzl had a disability, which was the basis of the district court's ruling, it ultimately decided it did not have to resolve that issue. Instead, it addressed whether Gratzl was a "qualified individual," meaning whether she was able to perform the essential functions of the job with or without reasonable accommodations. The Court focused on the employer's legitimate description of the functions of the job. Here, that included rotating through the control room and the courtrooms. The fact that Gratzl was able to perform the functions of her prior job was not the issue. The County eliminated that job for legitimate reasons. It is not required to maintain a job, for which an employee is qualified, that it no longer believes is necessary or appropriate. Since Gratzl basically concedes that she cannot perform the job as it is now defined, she is not a “qualified individual.” As an alternative ground, the Court concluded that the accommodations offered by the County were reasonable under the ADA. Her only real objection to the accommodations was that the disruption to the courtrooms necessitated by her frequent breaks would be an embarrassment to her. She is not entitled to reject a reasonable accommodation for that reason.
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Patrick Butler was a sergeant on the police force of a small community north of Chicago. Beginning in 2003, Butler's health began to deteriorate rapidly. He experienced fatigue, night blindness and trouble breathing. In May of 2004, he was diagnosed with chronic obstructive pulmonary disease. After a short time off, his physician permitted him to return to the force on "light duty." Because of the size of the force and the number of sergeants, no light duty assignment was available. The village advised Butler that he could return to work only when he had clearance to work any possible assignment. Shortly thereafter, Butler applied for a disability pension. He testified at his pension hearing that his physical condition prevented him from performing the required duties of his job. Three physicians also completed certificates of disability for Butler. The pension board found him disabled and awarded him disability benefits. He then brought suit against the village under the Americans with Disabilities Act. The district court granted summary judgment to Round Lake.
Frank Brunker was employed as a Route Manager for Schwan's Home Service, a home-delivery food service company. Brunker sold and delivered the company's products to its customers. Beginning in early 2003, Brunker began experiencing shaking, dizziness, headaches, etc. -- later to be diagnosed as multiple sclerosis. On his doctor's advice, he took two months disability leave, returned to light duty for one month, and then returned to unrestricted work. Several months later, he decided to take some time off for additional tests and evaluation. Around that time, he was disciplined on several occasions for failure to run a route, failure to adhere to a dress code, and writing a check with insufficient funds. When Brunker returned with his diagnosis of multiple sclerosis, the company fired him for unsatisfactory performance, but backdated his termination to the day before he left. Brunker brought suit under the Americans with Disabilities Act. The court granted summary judgment to Schwan's. Brunker appeals.