The Sixth Circuit Court of Appeals, whose decisions are binding in Michigan, recently dismissed an Americans with Disabilities Act (ADA) lawsuit by a delivery driver who alleged that his employer discriminated against him because of a disability. The employee claimed that his employer violated the ADA by transferring him to a lower-paying position and by refusing to provide a reasonable disability accommodation. Cooper v Dolgencorp, LLC, Case No. 23-5397 (CA 6, 2024). The Sixth Circuit’s decision relied on the employer’s job description, highlighting the value of a written job description when defending an ADA claim.
Coca-Cola hired Cameron Cooper as a delivery driver knowing that he had Tourette Syndrome, which causes unwanted, involuntary muscle movements and sounds. Cooper’s condition progressed during his employment, eventually resulting in obscene and inappropriate vocalizations, including profanity and racial slurs. Cooper’s job required him to provide “superior customer service” when delivering products to customers and stocking customers’ shelves and coolers. After Coca-Cola received customer complaints about Cooper’s profanity and racial slurs, Cooper requested leave under the Family and Medical Leave Act. Cooper adjusted his medication, which seemed to help his condition, and returned to work.
Customers continued to complain about Cooper’s profanity and racial slurs, prompting Cooper to take another leave. Cooper’s doctor eventually released him to return to work with a work restriction: “Needs to be present with another driver.” The proposed restriction was intended to limit Cooper’s interaction with customers. Coca-Cola approved the request, but complaints continued.
Coca-Cola gave Cooper the option of either taking leave or transferring to an overnight warehouse position with no customer interaction. Cooper accepted the warehouse position, for less pay. He soon resigned and sued Coca-Cola for ADA disability discrimination, claiming (1) he was qualified to perform the delivery driver position without an accommodation and Coca-Cola transferred him to a lower-paying position based on his disability; and (2) alternatively, if he was not qualified to perform the delivery driver position without accommodation, then Coca-Cola failed to provide him with a reasonable accommodation.
The ADA prohibits discrimination based on disability, which is typically a mental or physical impairment that substantially limits at least one major life activity, e.g., speaking, concentrating, or working.
To be entitled to ADA protection, a disabled employee must be “qualified,” meaning the employee must be able to perform the essential functions of the employee’s position with or without reasonable accommodation. Determining an essential job function is done on a case-by-case basis.
The court first rejected Cooper’s claim that he was qualified to perform the delivery driver position without an accommodation. Relying on the position’s job description, the Sixth Circuit concluded that excellent customer service was an essential job function, which Cooper could not perform. The court pointed to customer complaints and the fact that Cooper’s own doctor concluded that he required an accommodation (i.e., another driver present) to perform the job’s essential functions.
The Sixth Circuit also rejected Cooper’s claim that Coca-Cola failed to provide him with a reasonable accommodation, finding that the warehouse position transfer was reasonable. Other than the warehouse position, there were no vacant positions without customer interaction. The court explained that “an employer may assign an employee to a lower grade and paid position if the employee cannot be accommodated in the current position and a comparable position is not available.”
ADA claims are fact-specific, including whether a job duty is an essential job function. If the duty is an essential job function, and if the employee cannot perform it with or without reasonable accommodation, the employee loses ADA protection.
A job description can be critical for the essential job function determination. School officials should ensure that written job descriptions accurately reflect a position’s essential job functions, required duties, and qualifications. Job descriptions must also comply with ADA requirements and provide reasonable workplace accommodations that enable employees to perform the essential functions of their job.
If you have any questions regarding ADA accommodations, please contact a Thrun labor attorney. Also, Thrun Policy Service subscribers may use Form 4105-F when considering an employee’s request for workplace accommodation.