Requiring an Employee to Work Beyond Work Restriction Violates The ADA

The Sixth Circuit recently issued a ruling in a case involving an employee who was required to work in excess of a work restriction provided by her physician. The Plaintiff in Morrissey v. Laurel Health Care Co., No. 18-1704 (6th Cir. Dec. 3, 2019), Rita Morrissey, a licensed practical nurse, worked for The Laurels of Coldwater, a skilled nursing and rehabilitation center from 2001 until she resigned in 2016. Morrissey stated that she was under a work restriction which allowed her to work shifts not longer than 12-hours from 2012 onward due to physically disabling issues with her back. Morrissey was placed on this restriction by her doctor.

In January of 2016, Morrissey was mandated by Coldwater to stay and work a 13.5-hour shift.  Upon learning that she would have to work more than 12 hours, Morrisey informed her manager that she had a 12-hour restriction that had to be honored under the ADA. Her manager stated that she was unaware of Morrissey’s restriction, that she had “no control” over the situation, and that Morrisey was required to work the 13.5-hour shift.  Five days later, Morrissey was informed that she was going to be required to work a 16-hour shift because another nurse had called off. Morrissey left her worksite prior to the end of her shift and did not return.

Morrisey sued her former employer. Initially, the district court granted summary judgment in favor of Coldwater, finding that Morrissey failed to establish that she was disabled, that she had not suffered an adverse employment action, that Coldwater had not failed to accommodate her, and that Coldwater did not retaliate against her. The Sixth Circuit disagreed on each point and reversed and remanded the district court’s decision.

This case demonstrates that an employer violates the ADA when it requires an employee to work in excess of a work restriction provided by a doctor. The case further serves as an important reminder that the ADA provides protection for both work and non-work-related injuries.  In addition, it is important that supervisors understand these limitations so they do not create potential liability for the employer.

The attorneys at Fishel Downey Albrecht & Riepenhoff, LLP routinely advise public employers on compliance with the ADA. If you have any questions about this or any other matter, please contact us at info@fisheldowney.com or call 614.221.1216.