100% Rule Determined to be Violation of Disabilities Law

By Heather M. Tiltmann

Whyte Hirschboeck Dudek, SC

 

The Sixth Circuit Court of Appeals recently held that an employer’s refusal to reinstate an injured employee until she was 100% healed was evidence that the employer, a manufacturer of doors for commercial refrigerators, discriminated against her because she was disabled. The employee injured her back while at work and needed more than six months to recuperate. When the employee was able to return to work with some lifting restrictions, she was told by the plant manager that, per company policy, she could not return until she was 100% healed. In interpreting Kentucky law against disability discrimination as consistent with the federal Americans with Disabilities Act ("ADA"), the Sixth Circuit found that the 100% rule is impermissible as to a disabled person.

 

Even though the Sixth Circuit’s decision is not binding on other jurisdictions, any employer who has a policy which requires that an injured employee be 100% healed before returning to work should reevaluate such policy in light of the Sixth Circuit’s opinion and revise its policy accordingly. An employer who fails to do so runs a risk that a court may determine that it is violating the ADA or similar state discrimination laws.