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On September 10, 2009, the United States Court of Appeals for the Tenth Circuit rejected a disabled employee’s discrimination and retaliation claims under the American with Disabilities Act (ADA), 42 U.S.C. §§12101, et seq., and in so doing held that a rarely required job function may be deemed essential if the potential consequences of employing an individual who is unable to perform the function are sufficiently severe. Hennagir v. Utah Department of Corrections (10th Cir. Sept. 10, 2009). The ruling clarifies the circumstances under which job requirements may be deemed “essential” and offers important lessons for employers about the obligation to accommodate employees with disabilities.

Barbara Hennagir began working as a physician’s assistant (PA) at the Utah Department of Corrections (DOC) facility located in Gunnison, Utah in April 1997. At the time of Hennagir’s hire, the DOC did not require physical safety training for medical and clinical staff. In 2001, however, the DOC issued a mandate requiring that all clinical staff who came in contact with inmates obtain a Peace Officer Standards and Training (POST) certification. The move was due in large part to a 1999 attack on a medical technician by an inmate. Because Hennagir’s position required daily contact with inmates, she reported to POST training as required. However, the DOC excused Hennagir from physical activities because she suffers from several autoimmune disorders, including lupus, fibromyalgia, rheumatism, and avascular necrosis. As a result, she was never POST-certified.