Question: One of our production employees reportedly “blacked out” a few times last week. When I asked her about it, she said she has a seizure disorder, but she can work. Her job requires working with heavy machinery. Are we supposed to put her back to work and hope for the best?
Answer: No, you can consider safety. When you learn that an employee in a safety-sensitive job has a medical condition that affects their job performance or raises safety concerns, you can request a fitness-for-duty evaluation by their healthcare provider. This notice also triggers your duties under the Americans with Disabilities Act (ADA) to initiate the interactive process and conduct a reasonable accommodation analysis to determine if the employee can perform her essential functions without posing a direct threat to health or safety. If, based on a medical opinion, there are no reasonable accommodations that will eliminate a direct threat to safety, the employee may no longer qualify for the job. Your direct threat analysis should consider the severity of the condition and the nature of the job, and explore all possible accommodations. You have an additional duty under the ADA to consider vacant positions before separating employment. Set aside your assumptions and remember you cannot rely on speculation. To satisfy the ADA, you should always get a medical opinion and conduct an individual analysis.
Court Backs Employer in ADA Case, Citing Safety Risks and Lack of Reasonable Accommodation
Recently, a federal appeals court sided with the employer in a disability discrimination case, ruling that an employee posed a safety threat in his position and the employer could not reasonably accommodate him. The employee had a long career repairing electrical lines outdoors during weather emergencies. The evidence established that his job was highly dangerous. After he had two seizures on the job within a few months, the employee was placed on leave and ultimately forced to retire. The court ruled that the company did not violate the ADA when it terminated him because it could not reasonably accommodate his disability. The employer met its burden to show the employee posed a direct threat of harm and there were no other open positions the employee was qualified for (Smith v. Newport Utilities, 6th Cir, Feb. 2025).
For specific recommendations about assessing safety concerns related to seizure disorders, see our previous article on this topic. When it comes to the ADA, it is important to communicate clearly, follow a consistent procedure, and document the interactive process. For more information, see our Legal Guide, ADA: Reasonable Accommodation and the Interactive Process. We also have Model Forms to help you: Fitness-for-Duty Report and ADA: Letter to Healthcare Provider.
Navigating ADA requirements in safety-sensitive roles is complex, and missteps can be costly. Having guidance ensures you handle these situations correctly. We’re here to help—learn about membership with Vigilant today!
