Dairy Manufacturer Justified In Terminating Disabled Worker Who Refused To Perform Safety Check
An Ohio federal court granted a dairy manufacturer’s motion for summary judgment in a case brought by a worker under the Americans with Disabilities Act who had been assigned a new job of watching milk containers pass on a conveyor belt and removing any leaking containers. The worker, who was disabled as a result of a motorcycle incident years earlier, refused to perform the safety check on the grounds that the job had to be performed standing up and that his work restrictions prevented him from doing the job. Despite the company offering to provide him with a stool to perform the job so that he would not have to stand the entire time, he told the company he would not perform the job and failed to report. The company terminated the worker. The court found that the company acted in good faith to reasonably accommodate the worker’s job restrictions and cooperate with the worker. As a result, the worker’s claim for failure to accommodate could not stand.
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