Foot problems that limit worker's ability to stand and walk are a disability

An employer terminated an employee with chronic foot "issues" because it couldn't accommodate his continuing medical restrictions. When the former employee sued, the employer argued his foot problems didn't constitute a "disability" under the law and asked the court to dismiss his claims without a trial. The court declined, finding the extent of the employee's issues and their resulting impact on his ability to stand and walk were sufficient to send his case to trial.

Facts

Stephen Grainger worked as a glass cutter at Cardinal Shower Enclosures for 18 years. In May 2017, he took medical leave for a foot issue, but he was able to return to his job about a month later with restrictions against prolonged standing and walking. Cardinal gave him a chair as an accommodation.

A couple of months after his return, Grainger experienced additional foot issues and underwent two surgeries. He was on medical leave from August 21, 2017, to March 19, 2018—a total of 209 days. When he returned to work, he was still under orders to limit his standing and walking.

Cardinal placed Grainger in a clerical position at his previous rate of pay. He was told he would be assigned to the clerical job for up to 30 days, and then his status would be reevaluated. On April 12, , Grainger's doctor informed Cardinal that his standing and walking restrictions should remain in place until he underwent a scheduled medical evaluation on May 10. The next day, April 13, Cardinal terminated Grainger because of the continuation of his restrictions and the lack of available light duty.