Two recent Maryland federal court cases provide examples of how careful an employee has to be in making a reasonable accommodation request under the ADA and/or state or local disability discrimination laws.
First, in Reed v. Maryland, Department of Human Resources, the Maryland federal court held that asking an employer to indefinitely hold open the disabled employee’s position was not a reasonable accommodation. The Maryland federal court stated:
A defendant does not violate the ADA by terminating the employment of a plaintiff whose disability would require the defendant “to wait indefinitely” for the plaintiff to be ready to work again. Myers, 50 F.3d at 283 (citation omitted). Because Reed requested that the Department wait indefinitely for Reed to be able to resume work, Reed’s Complaint fails to state a claim under the ADA, and he cannot seek injunctive relief.
Had the employee in Reed asked for limited period of leave, then maybe the result would have been different.
In the second case, LaPier v. Prince Georges County, the Maryland federal court ruled that permanent light duty could not be a reasonable accommodation under the Americans with Disabilities Act, for a police cadet who suffered from a vascular condition and who could not complete a 1.5 run in less than 14 minutes and 45 seconds. Here, the Court stated:
Therefore, as a measure of job fitness, employers may require applicants or cadets to complete training runs in a certain amount of time. Cf. Lanning v. Se. Pa. Transp. Auth., 308 F.3d 286, 288 (3d Cir. 2002) (pre-hire, pre-training ability to complete 1.5 mile run within twelve minutes measured the minimum aerobic capacity necessary to successfully perform the job of a transit police officer). In this case, no reasonable juror could conclude that Plaintiff could perform the essential functions of a police officer without a reasonable accommodation.
So, the lesson is – when asking for an asking due to a disability, an employee must first consider what the essential functions of his or her job is and then determine if there is a way for the employer to allow the employee to still do the job. This is often a confusing and complicated task to do. A wise move is to consult with a lawyer familiar with this area of the law. We at Lebau & Neuworth frequently work with our clients in getting necessary accommodations so that they can continue to do their jobs. Call us if needed.
