1. Can an off duty, intoxicated police chief who causes a car accident, be disciplined even though he claims he’s protected by the Americans with Disabilities Act?

The 7^th Circuit Court of Appeals in Budde v. Kane County Forest Preserve, considered the issue.   Following the accident the police chief was terminated for failing to meet the standards of his position and being unable to drive a police car because of his suspended license.

The chief contended that the ADA was violated because his employer failed to accommodate his alcoholism and retaliated against him for requesting a reasonable accommodation.

Alcoholism can be a disability under the ADA and therefore entitle an employee (who isn’t intoxicated at work) to a reasonable accommodation to seek treatment.  The court ruled against the chief, finding that because of his conduct he couldn’t perform an essential job function (driving) and that police officers could be held to high standards of conduct.

2. What types of reasonable accommodations are necessary for a medical resident?

A first year medical resident had a number of problems including misdiagnosing patients (including believing that one was dead), wrongly prescribing drugs or their dosage, and being argumentative with coworkers and managers.  He had been diagnosed with ADD.   The hospital tried to assist him by decreasing his patient load, requiring other residents to assist and oversee him, and excusing him from some assignments.   Despite these accommodations he continued to have problems and was terminated.   He sued.  The 4^th U.S. Circuit Court of Appeals found that since the resident couldn’t perform these essential functions, he was not a qualified individual with a disability under the ADA.  [Shin v. Univ. of Maryland Medical Corporation]

3. Can the side effects of medication make an individual “disabled” under the ADA, even though the underlying condition is not protected?

Yes, said the 3^rd U.S. Circuit Court of Appeals.    The case involved a morbidly obese employee with sleep apnea who was taking a prescription weight loss drug that had significant side effects.   The court found that the side effects of a prescription could be a disability if it could be shown that the prescription was required and that no alternative drug, with fewer side effects, was available. [Sulima v. Tobyhanna Army Depot]

4. Is an accommodation required for an employee who needed a ride to work?

In the case, a part time drug store clerk worked either from 9 a.m.- 2 p.m. or from 5 p.m. – 9 p.m.   The employee was diagnosed with an eye disease which resulted in the loss of vision in one eye.  As a result she was unable to drive at night.

Unfortunately no public transportation was available, so the clerk asked to only work day shifts.  Her supervisor refused the request, citing that it “wouldn’t be fair” to other employees.
The employee resigned and then sued.   The drugstore claimed that commuting to work wasn’t related to the job and so it wasn’t obliged to provide an accommodation.

(The employee didn’t need an accommodation once she got to work.)   The 3^rd Circuit Court disagreed with the company, finding that a shift change can be a reasonable accommodation and that scheduling shifts was job related.[Colwell v. Rite Aid Corp]