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Cost of Firing Worker Because He Had Arthritis: $5.5 Million


Cost of Firing Worker Because He Had Arthritis: $5.5 Million

Supervisor told staffer to leave until he could work without restrictions

One employer recently learned a very expensive lesson about terminating employees who are protected by the Americans with Disabilities Act (ADA).

A staffer who required minor accommodations under the ADA had been handling his work duties with no trouble for years. Unfortunately, a new supervisor didn’t want an arthritic person on his crew, so he axed the man’s accommodations.

After a lengthy legal battle, this worker finally achieved justice – and may even receive a hefty payout from his former employer.

Let’s look at what happened to Albert Gucker and then discuss what it means to other workers who may qualify for ADA protection on the job.

No Accommodations Were Allowed

For over 30 years, Gucker had been punching the clock at U.S. Steel. During that time, he’d held various positions. His most-recent job was repairing heavy equipment.

Like many people, Gucker began suffering from arthritis as he got older. He saw a doctor, who recommended that Gucker not lift anything over 30 pounds and that he avoid climbing. Gucker asked for accommodations at work and was granted them.

He worked within these accommodations for more than a decade.

However, in 2011, all of that changed. A new supervisor began overseeing Gucker’s area.

Gucker claims that the new supervisor became extremely agitated when he found out that Gucker required accommodations. The manager called Gucker into the office and told him to get off the property and not come back until he could do his job without limitations.

Baffled, Gucker went home. Eventually he was told that he could return to work, but with a different job description. And there was another caveat, too: He’d need to pass a physical exam first.

Gucker complained that he’d been doing his regular job without issue for more than 10 years. He stated that he felt the exam was meant to disqualify him from working.

The company suspended him without pay.

Gucker decided to speak to an attorney. He sued U.S. Steel for violating his rights under the ADA, as well as under state laws against discrimination.

The company attempted to have the case thrown out. It claimed that the supervisor’s actions were in Gucker’s best interest because Gucker’s physical restrictions could pose a safety issue.

The case went before a jury, which sided with Gucker.

He was awarded $550,000 in compensatory damages and $5 million in punitive damages.

The company is attempting to have the award amounts reduced.

(The case discussed here is Gucker v. U.S. Steel.)

What It Means to Workers

The ADA provides protection from discrimination for workers who may require job accommodations. Under federal law, employers are required to engage in an “interactive process” with employees who request accommodations under the ADA. That is, companies must attempt to work with disabled employees to find appropriate job modifications to allow them to continue working.

However, businesses may deny accommodations that would pose a hardship. For example, companies would generally not be expected to adopt accommodations that would disrupt their business operations.

However, it’s important to keep in mind that the ADA demands that each situation is evaluated on a case-by-case basis. That’s why it’s a good idea to speak to an experienced employment law attorney if you believe that your rights under the ADA may have been compromised.

Call or email us today to discuss your unique situation.

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