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Understanding the New Disability and Genetic Discrimination Laws of 2008 
Learn how disability will be defined under the new Amendments Act and how to avoid discriminating against those who have a genetic marker for a disease.
An employee who was not reinstated to his mechanic position because he failed to obtain a medical clearance to drive commercial vehicles on public roads raised triable issues as to whether he could perform the essential functions of his job after returning from FMLA leave, concluded a federal district court in Pennsylvania. A reasonable jury could find that obtaining the clearance was not an essential function of the employee’s mechanic job, held the district court. (Carstetter v Adams County Transit Auth, MDPenn, 91 EPD ¶43,256)
The employee, who suffered from diabetes, sleep apnea, depression and anxiety, worked as a mechanic for a county transit authority. The position primarily required him to perform routine maintenance on county vehicles. Occasionally, he had to drive the vehicles in order to test their performance after repairs were made. The county required him to obtain an annual medical clearance from the Pennsylvania Department of Transportation (DOT), which is necessary to operate commercial vehicles on public roads. However, the medical clearance was not required for his maintenance duties. The employee took and failed the DOT medical exam shortly before it expired—the examining physician requested that he see a pulmonary specialist. He alerted his supervisor that he would not be able to renew his medical clearance before the expiration date, requesting FMLA leave to address the situation. Rather than place him on FMLA leave, the county placed him on short-term disability leave. After the employee applied for unemployment benefits to make up for the short fall in pay, the county discharged him. The employee filed suit, alleging interference with his FMLA rights, among other things.
Under the FMLA, an employee is entitled to reinstatement to his or her former, or an equivalent position upon returning from FMLA leave. However, the right to job restoration is qualified; it is not absolute. The FMLA does not require an employer to reinstate employees who are unable to perform all of their essential functions of their pre-leave positions at the time they seek to return to work. The county argued that it did not interfere with the employee’s reinstatement rights because his medical condition prevented him from performing the essential function of his position, which included the ability to obtain annual medical clearance. The court disagreed, finding that triable issues existed as to whether the employee could perform the essential functions of his job as a mechanic. Obtaining the clearance was not an essential function of the employee’s mechanic job because the clearance was not required in order for him to perform his maintenance duties, held the court. In addition, the record revealed that the mechanic was able to perform the essential functions of his job, which included replacing tires, changing engine fluid, washing vehicles and sweeping.
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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