Jeffrey Knutson excelled as the General Manager of a Home Service food delivery depot. Home Service provides frozen foods to customers’ homes or workplaces. He continued being great at his job, even though he suffered a penetrating eye injury in March 2008. Nine months later, he lost his Medical Examiner’s Certificate (MEC) and by extension, his Department of Transportation (DOT) qualification.
Home Service gave him 30 days to either obtain a MEC or to find a non-DOT-qualified position at the company. After 30 days, he was fired. He claims that this termination was contrary to the Americans with Disabilities Act.
The lower court granted summary judgment. The Eighth Circuit affirmed - and it wasn’t even close.
His argument was that he could basically work around any duties that require the use of a delivery truck. He often made deliveries in his personal vehicle and had driven a company truck less than 50 times since November 2007.
However, his personal experience and workarounds are not dispositive. Instead, the test for an “essential function” is:
The employer requires DOT certification. It did so, in writing, before he was hired. It still does so. Every employed manager with the company is DOT certified. Managers also are required to drive trucks to deliver products and train employees.
Evidence to consider in this determination may include: (1) the employer’s judgment as to which functions are essential; (2) written job descriptions prepared before advertising or interviewing applicants for the job; (3) the amount of time spent on the job performing the function; (4) the consequences of not requiring the incumbent to perform the function; and (5) the current work experience of incumbents in similar jobs.
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