ADA doesn't require managers to provide on-the-spot accommodations, 6th Cir. says

cheryl

I started this.
Staff member
ADA doesn't require managers to provide on-the-spot accommodations, 6th Cir. says - HR Dive

Dive Brief:

  • The Americans with Disabilities Act (ADA) does not obligate employers to make on-the-spot accommodations of an employee's choosing, the 6th U.S. Circuit Court of Appeals has ruled (Brumley v. United Parcel Service, Inc., No. 18-5453 (6th Cir., Nov. 30, 2018)).
  • Melissa Brumley, a UPS employee, injured her back while unloading heavy packages from a truck. She first moved to a light-duty position and then took leave. When she returned to work, her doctor ordered permanent lifting and driving restrictions. Her supervisor sent her home, saying she couldn't perform her usual job with the restrictions but added that she could receive some kind of workplace accommodation. About two weeks' later, UPS sent Brumley paperwork informing her that it was initiating the ADA's interactive process and requesting medical documentation and accommodation suggestions. Once she returned the forms, the employer scheduled a meeting with her for the following month. During the meeting, UPS discussed reassignment as an accommodation, but Brumley said she preferred to return to her doctor and have her restrictions lifted, according to court documents. She did so and returned to her original job, and UPS formally closed its interactive process.
  • Brumley sued, alleging that UPS failed to accommodate her disability and owed her back pay for the time she missed.
 

rod

Retired 19 years
So she all of a sudden got better after it was determined she couldn't do her previous job and was going to be reassigned? Imagine that.
 

Wally

BrownCafe Innovator & King of Puns
Some jobs require you not to be disabled. Sounds to me like she was faking permanent injury after healing.
 

dudebro

Well-Known Member
Brumley said she preferred to return to her doctor and have her restrictions lifted

I thought it was an objective decision by the DOCTOR whether an individual had a disability or not. If doctors continue to just issue whatever diagnosis their patients want, their opinion will become meaningless, as they're not adding any value in medical expertise.
 

Wally

BrownCafe Innovator & King of Puns
I thought it was an objective decision by the DOCTOR whether an individual had a disability or not. If doctors continue to just issue whatever diagnosis their patients want, their opinion will become meaningless, as they're not adding any value in medical expertise.
Look at how people doctor shop to get narcotics. Doctors have a hard time saying no.
 

rod

Retired 19 years
Doctors are so afraid of being sued its getting hard to get them to give you a definite answer on ANYTHING. All they want to do is pass you on to a specialist.
 
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