Avoiding The "Fit For Full Duty" Trap: The High Risk Of Requiring Employees To Be Fully Healed

Written exclusively for Chubbworks

The U.S. Equal Employment Opportunity Commission sued Summit Hospitality Group, Ltd., which operates as Residence Inn Raleigh Downtown.

The EEOC alleged the hotel operator failed to accommodate an employee's disability and required the employee to return to work at 100 percent capacity, in violation of the Americans with Disabilities Act.

In March 2024, the employee, who worked in housekeeping and laundry at the hotel, was injured in a bus collision. He notified the hotel immediately and the hotel allegedly approved his medical leave, setting a return-to-work expected date of July 01, 2024.

Before his return date, the employee allegedly provided a note from his physician that listed required modifications to his job duties, which included a prohibition on overhead activity and a no-lifting, pushing, or pulling requirement for more than 20 pounds.

The hotel operator allegedly failed to engage in an interactive process with the employee after receiving the physician's note. Instead, the EEOC claims the employer demanded a medical note stating the employee was "released for full duty". The employee was terminated after this incident.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-summit-hospitality-group-disability-discrimination

Commentary

Demands that an employee return to work at "full capacity" or are fully "fit for duty" can violate the Americans with Disabilities Act.

An employer's return-to-work policy must allow for each employee's situation. The need for accommodations must be evaluated on a case-by-case basis through an interactive process.

What steps are involved in the interactive process?

  • Analyze the job involved and determine its purpose and essential functions.
  • Consult with the individual requesting accommodation to ascertain the precise job-related limitations imposed by their disability and how those limitations could be overcome with a reasonable accommodation.
  • Identify potential accommodations and assess the effectiveness each would have in enabling the individual to perform the essential functions of the job.
  • Consider the individual's accommodation preference and select and implement the accommodation that is most appropriate for both the employee and the employer. askjan.org.

The final takeaway is organizations may help avoid the litigation pitfalls associated with return to work after medical leave by ensuring they do not utilize any 100 percent healed or "fit for full duty" policies. In the event of doubt, always consult with local legal counsel to determine what can be required or requested from an employee who is returning from medical leave.

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