Reprinted from the February 1, 2007 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Manager’s Restrictions Can’t Exceed Medical Restrictions

It’s only natural to be concerned about employees with medical restrictions. The last thing you want is for them to re-injure themselves. But when managers allow “worst-case scenario” fears to dictate employment actions, a disability-case scenario might not be too far off. Learn how to temper your concerns against the rights of medically restricted employees.

“I CAN DO ALMOST EVERYTHING”

Luke Greener worked as a driver delivering and installing household appliances. During one delivery, he slipped and injured his back. After a two-month absence, during which he underwent physical therapy, he was cleared to return to work.

“Welcome back, Luke,” greeted manager Gus Tablin. “We’ve missed you!”

“Thanks. And, believe it or not, I missed you guys, too,” joked Greener, who handed Tablin a piece of paper. “Here’s a copy of my work restrictions. Rest assured, though, I can do my job.”

The doctor’s form stated Greener could lift no more than 40 pounds over his shoulder and 20 pounds over his head, and could only push and pull 80 pounds, all on an occasional basis.

“YOU CAN’T DO ANYTHING”

After taking a look at the written restrictions, Tablin feared Greener might injure himself or, worse yet, a customer. So he removed him from his position.

“These appliances are so heavy. All we need is for your back to give out while you’re delivering one of them and it to fall onto you or a customer,” Tablin explained.

“I understand where you’re coming from. But I’m careful not to exceed my restrictions, and I always insist that customers stay out of the way,” Greener tried to assure his manager. “I don’t think there is any danger.”

Tablin and Greener went back and forth, until Greener conceded the manager might be right. “But I need to work. Is there another job I could do?”

“CAN I DO SOMETHING ELSE?”

Tablin promised to look into other positions and let him know if there was anything for him. All he let him know, though, was that he was fired. In the termination letter, the manager stated that there was “no work available.” Tablin decided to word the letter that way because he believed it was more beneficial to Greener and his future job prospects than to say he was fired because of medical restrictions.

Greener sued his employer under the Americans with Disabilities Act (ADA) for regarding him as disabled. An appeals court approved a $38,500 jury award in his favor because:

1) Tablin admitted that he did not consider Greener for other jobs, even ones that didn’t require heavy lifting, because of his restrictions, and

2) the wording of the termination letter suggested the manager believed disclosing the employee’s restrictions would interfere with his ability to get any job, not just ones involving heavy labor.

Both moves showed that the manager regarded the employee as unable to perform a class of jobs or a broad range of jobs in various classes.

ACTION TIPS

While Tablin’s intentions might have been admirable, his handling of the situation should not be emulated. Here’s what he should have done — and what you should do — when managing an employee with medical restrictions.

• Don’t make assumptions. The last thing you want to do is take employment actions based on fears of what might happen. The ADA is designed to combat an employer’s misperceptions based on myths, fears, and stereotypes associated with disabilities. Instead, act on objective evidence that the employee cannot perform essential functions or poses a direct threat. Ask for clarification from the employee’s doctor if, for example, you see that the employee is struggling to lift objects that weigh less than he/she is restricted from lifting.

• Focus on what employees can do, not on what they can’t do. Tablin treated Greener as if he could never push 80 pounds, when, in fact, he could; he was just limited to doing it on occasion.

• Investigate reasonable accommodations. The use of a dolly or assistance from a co-worker could help Greener in performing restricted functions without creating an undue hardship on the company.

• Consider employees for other positions if their restrictions prevent them from performing the essential duties of their current ones, with or without accommodation. Tablin erred by not even considering Greener for open positions that he could have performed despite his restrictions, like that of a clerk. Remember, employees needn’t necessarily like the position you offer them. An offer of work, even if the duties are vastly different than employees’ current ones, goes a long way in proving that you don’t consider employees restricted from performing a broad range of jobs.

More information about this publication/Order a subscription