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Employer Is Not Required to Remove Essential Job Functions as a Reasonable Accommodation


Nealy v. City of Santa Monica - Court of Appeal of California, Second Appellate District, Division Eight


Facts:  Tony Nealy worked for the City of Santa Monica as a waste equipment operator.  After he sustained work related injuries to his knee and back, he took several leaves of absence and had multiple surgeries.  Nealy's doctor reported that Nealy could return to work but was subject to certain restrictions, such as no kneeling, bending, stooping, walking over uneven terrain, running, prolonged standing, or heavy lifting.  When the City met with Nealy, it identified the essential functions of the position that it believed Nealy could not perform based upon his medical restrictions.  

After discussions, the City concluded it could not reasonably accommodate Nealy in the position and offered to reassign him.  Nealy subsequently applied for a city planning staff assistant position.  However, he did not have the appropriate experience for this new position.  Although the City extended Nealy's leave of absence to allow him to apply for disability retirement, his application was rejected because he failed to submit required information.  Nealy then sued the City for disability discrimination and retaliation.  The trial court granted the City's motion to dismiss Nealy's claims.  Nealy subsequently appealed. 

Holding:  The Court of Appeal affirmed the lower court's ruling and held that the City was not required to eliminate essential functions of a position as a reasonable accommodation to Nealy.  Of note, the Court held that under the California Fair Employment and Housing Act ("FEHA"), an employer is not obligated to accommodate an employee by excusing him from the performance of essential job functions.  In this instance, the Court recognized Nealy's argument that he could perform one essential job function (operate the vehicle), but looked to the fact that he was unable to perform many other essential job functions such as heavy lifting, clearing debris and trash from the hopper of vehicles, and conducting vehicle inspections, among others job functions.  

As for Nealy's argument that the City should have reassigned him to a vacant staff position, the Court rejected this argument and held that the City was not required to create a new position for him or provide "an indefinite leave of absence to await possible future vacancies." 

Judgment:  The Court of Appeal affirmed the lower court's ruling and held the City of Santa Monica was not required to eliminate essential job functions of Nealy's position in order to reasonably accommodate his medical condition. 

The Takeaway:  I wanted to write a post about this case for the simple reason that the facts of the case are relatively straightforward and the court's reasoning is to the point.  This case is one that employers should look at when considering what type of reasonable accommodation must be extended to an employee with a condition that prevents them from performing certain essential job functions.  In this instance, I think the court's reasoning is correct in that an employer cannot be "forced" to reasonably accommodate an employee when that employee can no longer perform many/most of the essential job functions they were hired to perform.  If Nealy had been allowed to stay in the position, it would have become a burden on the City to then shift more responsibilities to someone else (or hire another employee) to perform most of Nealy's job functions. 

Majority Opinion Judge:  Judge Flier

Date:  January 21, 2015

Opinion:  www.courts.ca.gov/opinions/documents/B246634.PDF

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