Work experience of past incumbents in the job Current work experience of incumbents in similar jobs The position exists to perform the function There are a limited number of employees available who can perform the function The function is highly specialized so the individual is hired for his expertise or ability to perform the function Qualified: EEOC Factors & Importance of Job Descriptions 27 Henschel v. Clare County Road Commission reh'g denied (Feb. 10, 2014) 737 F.3d 1017, 1024-25 (6th Cir. 2013), Excavator operator sought to return to work after a multi-month medical leave where he recovered from a motorcycle accident Had an above-the-knee amputation and a prosthetic leg could no longer – “haul” Issue: Whether returning excavator was qualified to do his job if he could no longer haul equipment was hauling essential? – 6th Cir: ADA case can proceed Employer judgment weight” but is one factor to be considered” “carries “only Excavator stayed at the job site 90% of the time Minimal adverse consequences if the excavator did not haul Job description did not include hauling equipment especially persuasive because – descriptions for other jobs mentioned it duties assigned” did not include hauling “Other Slide 28 Qualified: EEOC Factors & Importance of Job Descriptions Rorrer v. City of Stow 743 F.3d 1025 (6th Cir. 2014) Firefighter became in his right eye took leave – Received medical clearance to return to work, but was denied opportunity to return because he could not operate fire apparatus 6th Cir: Firefighter produced evidence demonstrating that it would have been easy” for “very the firefighter to return to work while being excused from his driving duties not essential – Minimal consequences of failing to drive a fire apparatus during an emergency Not a highly specialized task Not a task that only a limited number of employees could perform Job description stated that firefighters may operate emergency vehicles - only task out of 17 listed to use conditional language Slide 29 Qualified: Requirements of Federal Law/Regulations Generally, a returning employee is not qualified for a job if his disability prevents him from meeting standards required by federal law or regulation. 29 C.F.R. 1630.15(e) Jarvela v. Carrier Corp. 754 F.3d 1283 (11th Cir. 2014)
Work experience of past incumbents in the job Current work experience of incumbents in similar jobs The position exists to perform the function There are a limited number of employees available who can perform the function The function is highly specialized so the individual is hired for his expertise or ability to perform the function 27 Qualified: EEOC Factors & Importance of Job Descriptions Henschel v. Clare County Road Commission 737 F.3d 1017, 1024-25 (6th Cir. 2013), reh'g denied (Feb. 10, 2014) Excavator operator sought to return to work after a multi-month medical leave where he recovered from a motorcycle accident Had an above-the-knee amputation and a prosthetic leg – could no longer “haul” Issue: Whether returning excavator was qualified to do his job if he could no longer haul equipment – was hauling essential? 6th Cir: ADA case can proceed Employer judgment “carries weight” but is “only one factor to be considered” Excavator stayed at the job site 90% of the time Minimal adverse consequences if the excavator did not haul Job description did not include hauling equipment – especially persuasive because descriptions for other jobs mentioned it “Other duties assigned” did not include hauling Slide 28 Qualified: EEOC Factors & Importance of Job Descriptions Rorrer v. City of Stow 743 F.3d 1025 (6th Cir. 2014) Firefighter became in his right eye – took leave Received medical clearance to return to work, but was denied opportunity to return because he could not operate fire apparatus 6th Cir: Firefighter produced evidence demonstrating that it would have been “very easy” for the firefighter to return to work while being excused from his driving duties – not essential Minimal consequences of failing to drive a fire apparatus during an emergency Not a highly specialized task Not a task that only a limited number of employees could perform Job description stated that firefighters may operate emergency vehicles - only task out of 17 listed to use conditional language Slide 29 Qualified: Requirements of Federal Law/Regulations Generally, a returning employee is not qualified for a job if his disability prevents him from meeting standards required by federal law or regulation. 29 C.F.R. 1630.15(e) Jarvela v. Carrier Corp. 754 F.3d 1283 (11th Cir. 2014)
The-ADA-and-Return-to-work-Issues-Legal-Brief-Jan-2015-Word-Slides.docx