ADA Claim Thrown Out Because Employee Can’t Do Job

A worker with shoulder problems is not protected by the Americans with Disabilities Act because she did not prove that she was capable of performing the essential functions of her job.  Katharine Richardson was a manager at a Friendly’s restaurant.  Richardson claimed that her job was to oversee the restaurant and make sure things ran smoothly.  The U.S. Court of Appeals for the First Circuit said that her job was bigger than that, that it was essential that she be able to perform a broad range of manuals tasks in the kitchen, too.  WHAT THIS MEANS TO YOU:Employers should keep job descriptions for every position listing essential job functions.  Employers should create job descriptions before interviewing for the position.  If a disabled person is unable to perform to perform the essential job functions listed in the job description, the employer will be more likely to withstand an ADA claim.  Disabled employees should realize that while an employer can require you to perform essential job functions, an employer has to accommodate those who can perform essential job functions with a reasonable accommodation.  Contact Muller Law to see if this case applies to your particular situation.