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Passing a psychiatric examination that indicates that the applicant is fit does not mean he or she is qualified
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Shepheard v. NYC Correctional Dep't., ___F.3d___(2d Cir. Jan. 13, 2010), is an interesting ADA case. A very common issue in such cases is whether the plaintiff is qualified for the job in question.

An issue sometimes arises as the meaning of a psychiatrist report that indicates that the employee is fit for work. Does that mean he is qualified? The answer is generally "NO."

As the court explains:

Here, with respect to Shepheard?s reasonable accommodation, unequal terms and conditions of employment, and termination claims, the district court properly granted summary judgment because Shepheard failed to demonstrate that she was qualified to perform the essential functions of her position with or without a reasonable accommodation. See McBride, 583 F.3d at 97.

While Shepheard asserts that her personal psychiatrist deemed her fit to return to work, the evidence does not establish that, even with the reasonable accommodation of an assignment to a steady midnight shift, Shepheard was capable of performing the essential functions of her position as a Correction Officer Captain, which included regularly and reliably reporting to work;
quickly and efficiently responding to emergencies; overseeing the care, custody, and control of inmates; and supervising subordinate officers.

The evidence, including medical records and a declaration by the psychologist with the DOC?s Health Management Division who was ultimately responsible for clearing Shepheard to return to duty, indicates that at the time she made her reasonable accommodation request through the time of her termination, Shepheard suffered from symptoms that, inter alia, compromised her ability to be focused and alert, including excessive sleeping and grogginess, and therefore compromised her ability to perform the essential functions of her position.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on March 01, 2010 (boomark / email).