Employer not required to convert temporary light-duty position into permanent job

The U.S. District Court for the Northern District of Ohio granted summary judgment (dismissal without a trial) in favor of an employer after a former employee failed to propose an objectively reasonable accommodation.

Facts

In April 2008, Darlene Reed began working for LMN Development LLC, a company that does business as Kalahari Resorts and Conventions. She worked in the housekeeping department until 2012, when she injured her back during work. She filed a workers’ compensation claim, which the company didn’t contest.

After she suffered her injury, Reed’s physician imposed certain work restrictions that limited her ability to perform her duties in the housekeeping department. To accommodate the restrictions, LMN offered her a temporary, light-duty position in the laundry department. She was aware this wasn’t a permanent position.

In early 2013, Reed was still unable to perform the duties of her former housekeeping position. In July 2013, LMN changed its light-duty work policy. Unlike the old policy (which placed no limit on the amount of time an employee could hold a light-duty position), the new policy limited the maximum amount of light-duty work to 120 days. Reed signed a bona fide offer of employment that explicitly stated this new policy.