HRLegalNews.com » Managers can’t play doctor with employees

Managers can’t play doctor with employees

October 7, 2008 by Sam Narisi
Posted in: Americans with Disabilities Act, Discrimination, Harassment, In this week's e-newsletter, Latest News & Views, Recent Decisions

When employees have medical problems, supervisors may worry that they can no longer safely get the job done. But a recent court decision shows the danger of making those medical judgments.

A firefighter was diagnosed with anxiety and given a prescription for a few types of medication. His doctor sent a letter to the fire department, saying the man could continue his current workload, without any restrictions or problems due to side effects.

However, the department had concerns about his ability to perform certain duties, especially driving the fire truck, and would not let him return to work. He sued, claiming disability discrimination.

The ruling: The employee was “regarded as disabled” and fired because of perceived — but not actual — limitations on his ability to work.

The company failed to get the case thrown out and got hit with a $360,000 verdict when the case went to trial.

Cite: Haynes v. City of Montgomery, Ala.

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