Corrections officer shoots hole in state’s accommodation denial

Employers often hear repeated recommendations to have detailed written policies and to ensure those policies are followed. Typically, you can overcome significant consequences by consistently enforcing your policies and procedures. When confronted with accommodation situations, however, sometimes you need to step away from the policies and conduct a deeper factual analysis to support a decision.

The U.S. 10th Circuit Court of Appeals (whose rulings apply to all Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming employers) recently provided useful guidance on how to properly address an accommodation request that may violate an internal policy.

Aiming for a change

Robert Hampton was born missing the second and fifth digits on both hands, the result of a congenital birth condition. Because of his disability, he has difficulty grasping, pulling, and performing other functions with his hands.

In May 2016, the Utah Department of Corrections (UDC) hired Hampton to serve as a corrections officer. The UDC had adopted a firearms policy that required corrections officers to qualify with and use only Glock handguns on the job. Hampton was concerned about his ability to qualify with and safely use the approved Glock handguns because of his disability. Despite his concerns, he successfully completed the firearms training.