“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: An employee in a job that regularly requires lifting 50 pounds now says they can only regularly lift 25 because of an off-the-job injury. Can we terminate?

Possibly, but proceed with caution. The Americans with Disabilities Act (ADA) requires employers that have 15 or more employees to provide accommodations to employees to enable them to perform the essential functions of their job unless doing so would create an undue hardship or create a direct threat.

First, make sure that regularly lifting 50 pounds is actually an essential job function. Generally, an essential function of a job is a fundamental duty of the position. If the job can be done without regularly having to lift 50 pounds, then regularly lifting that weight isn’t considered an essential function, and you can’t terminate the employee because they are unable lift that amount.

Second, and if regularly lifting 50 pounds is an essential function, you are required to engage in the interactive process with the employee to determine if a reasonable accommodation would enable them to perform that task. Note that providing an accommodation doesn’t necessarily mean that they have to be able to personally lift 50 pounds. It could mean enabling them to move the 50 pounds from point A to point B without personally lifting it – with the use of a device of some kind, for example. Other potential accommodations include reassignment to an open position that the employee’s qualified for or, if the lifting limit is temporary, a leave of absence.

If there’s no accommodation that would enable them to perform the essential function without causing a direct threat, or if the only effective accommodation would create an undue hardship for you, then you can move on to termination. However, undue hardship is a high bar to meet and should be considered thoroughly before determination.

You can learn more about accommodations on the platform by searching “the Americans with Disabilities Act.”

Answer from Kate, SHRM-CP:
Kate has several years of experience working in customer service and quickly moved into HR. She graduated from the University of Oregon with a Bachelor of Science in Psychology. In her free time, Kate loves to travel, and swim.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

0 Comments
Inline Feedbacks
View all comments
Author picture

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmations
  • Career Monday
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor Newsletter
  • HR Certifications
  • HR Compliance
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
All
  • All
  • Affirmations
  • Career Monday
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor Newsletter
  • HR Certifications
  • HR Compliance
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
HR Compliance

Q&A: Do We Need to Pay Summer Interns?

Generally, yes, though it depends on who benefits most from their work. The U.S. Department of Labor (DOL) has adopted the “primary beneficiary test” to ...
Read More →
Affirmations

Affirmation: I do my best without regard for reward.

I always perform to the best of my ability and strive to go beyond what I must do to simply get the job done correctly. ...
Read More →
HR Compliance

Q&A: What is Discrimination Based on National Origin?

Yes. Discrimination based on national origin is prohibited under Title VII of the Civil Rights Act and includes treating applicants or employees unfavorably because they ...
Read More →
Share via
Copy link
Powered by Social Snap