A school district, which rejected a job applicant based on medical-exam conclusions that he couldn’t perform heavy lifting violated the Americans for Disabilities Act (ADA) when the employer failed to consider other evidence that the applicant could do the job, ruled a Michigan federal court. The decision bolters disabled applicants in their job searches. In Lafata v. Dearborn Heights School District No. 7 (E.D. Mich. Dec. 11, 2013), a federal court ruled that employers simply cannot rely on medical exam conclusions regarding whether a disabled applicant can do the job for which they’ve applied, under the ADA, without also reading the report and considering other evidence. What are the facts? In Lafata, a school superintendent who had been working for the school district for 10 years, applied for a plant engineer position requiring similar physical skills and strength. The school’s medical examiner found the applicant unable to do the work, due to a muscular degenerative disease. However, the applicant’s treating doctor thought he could. Further, the guy was doing it, at his school site. Considering the school’s unthinking rejection, the court held it illegal because the ADA requires employers to (1) read medical exam reports in full, (2) consider all available evidence, and (3) consider offering a reasonable accommodation if possible, all before rejecting a disabled job applicant. Under the ADA, an employer must conduct an “individualized inquiry” before rejecting a disabled applicant. This means consider all the evidence. Lafata, at 21-23. Second, the ADA mandates employers consider whether a reasonable accommodation will enable a disabled applicant to perform a job before rejecting that same applicant as disabled. Lafata, at 24-25 (citing ADA, 42 U.S.C. 12112(a) & (b)(5)(A)). Third, the Lafata decision cautions employers to read their medical reports, and not rely on conclusions alone, under the ADA. The court held that employers have “a duty to review” consulting medical exam reports, under the ADA, and not just run with them. Lafata, at 21.
