The Second Circuit was “on point” when it reminded us about an old proposition in a brand new way this week. In the case of Stevens v. Rite Aid Corporation, the panel held that Rite Aid was justified in terminating a pharmacist with a needle phobia under the ADA after finding that no reasonable accommodation could have allowed him to perform his essential job functions.
After 34 years working as a pharmacist for Rite Aid, the pharmacy changed its policy in 2011 requiring pharmacists to receive certification to give vaccinations. Stevens submitted a doctor’s note confirming a lifelong phobia of needles (trypanophobia for you trivia fans), that rendered him unable to be give injections. Rite Aid determined that under its policy, giving these vaccinations was an essential job function and terminated Stevens’ employment.
Stevens brought suit in federal district court in the Northern District of New York claiming that the termination was in violation of the Americans with Disabilities Act and that Rite Aid was liable for failure to accommodate him. A jury in the district court found in Stevens’ favor and awarded him over $2.5 million dollars. The Second Circuit disagreed, holding that under the ADA, an employer has a duty to provide reasonable accommodations to employees to allow them to perform the essential functions of their job. However, in certain cases, such as this unconquerable phobia, there exists no accommodation that will allow the employee to perform their essential duties. If that is the case, an employer may legally fire an employee with a recognized disability.
The reminder to employers is simple: you must first try to accommodate a recognized disability under the ADA through an informal interactive process, and you must be willing to identify and provide a reasonable accommodation, however there is not always a feasible solution. When that is the case, termination may be the only alternative.
