Sheriff need not accommodate correctional officer unable to quell violence

An employer’s obligation to make reasonable accommodations under Americans with Disabilities Act (ADA) remains one of the most challenging aspects of equal employment opportunity (EEO) compliance.

A recent decision from the U.S. 7th Circuit Court of Appeals (which covers Illinois, Indiana, and Wisconsin) confirms that employers may still insist on performance of a job’s “essential functions,” while also illustrating the nuances that often arise in reasonable accommodation analyses.

Thick as thieves

Larry Tate began working as a correctional officer in 2007 for the Sheriff of Cook County in the Department of Corrections. Three years later, he suffered a back injury and had return to work restrictions that required him to “avoid situations in which there was a significant chance of violence or conflict.”

The Sheriff’s Office agreed to accommodate his restrictions by allowing him to work in the Classification Unit, where the possibility of violence or physical conflict was relatively low. Tate was later promoted to sergeant, and the Sheriff’s Office continued to allow Tate the Classification Unit assignment as an accommodation.

Take no prisoners

However, in 2014 Tate sued under the ADA alleging discrimination and failure to accommodate. The parties settled, and their agreement provided that Tate would remain a sergeant and continue working in the Classification Unit.