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If an employee is physically unable to perform all of their job requirements, can they legally be released?
Anonymous2 views1 answers
Hello,
In our chain of stores we utilize security guards at each location. During the interview process they are questioned of any physical limitations that could prevent them from completing certain aspects of their duties. After the interview, whether replying yes or no, they sign off that they were questioned of any limitations and answered to the best of their ability. Currently we have some security personnel that have become unable to fulfill certain aspects of their duties because of their personal choices in life. One issue specifically: They are unable to stand for long periods of time due to their health/physical incapacity.
We would like to know what a course of action could be on our end to avoid any legal issues in Arizona. Obviously our initial intention would be to work with our employees and attempt to rectify the situation for the betterment of their career. However, in the event that progress cannot be made, would we rightfully be able to release an employee for their physical inability to perform all of their job requirements?
Thank you.
This is a tricky area and may implicate several areas of the law. Under the ADA, a person must be able to perform their duties with a reasonable accommodation (assuming there is a qualifying disability). What qualifies as a "reasonable accommodation" is very factually intensive. Be aware that you are obligated to have an interactive dialogue with the employee to ascertain what the limitations are and what accommodations you can provide. This may include having the employee submit to an independent medical exam or having his or her own physician verify the individuals medical status and limitations. An example of an accommodation may simply be a chair the individual is temporarily allowed to sit in. However, as mentioned, whether the chair is or is not appropriate is a factual question. That is also only an example and there may be other possible accommodations. There are other questions regarding the risk of harm to the individual, others, or the company and its property. Again, this is a tricky area and requires several factual inquiries. For that reason, I recommend contacting an employment attorney before taking any employment action toward the security personnel.
