Air-Conditioning the Workplace: What are the Rules?

Do some of your employees work in hot conditions? If those workers have heart conditions, they may be entitled to air conditioning as a “reasonable accommodation” under the Americans with Disabilities Act (ADA) …

Case In Point: Charles Gribben worked as a UPS driver in Phoenix where he transferred trucks to various locations. He had a heart condition and his cardiologist requested that he only drive in trucks with air conditioning because of the local heat and his medical condition. Most of the trucks he worked in were air conditioned, but UPS couldn’t guarantee him that accommodation. So it terminated Gribben.

Gribben sued UPS under the ADA for disability discrimination and retaliation. The ADA requires employers to offer reasonable accommodations to qualified disabled employees. An employee meets that test if he or she is “substantially limited in a major life activity” but can still do the essential functions of the job, with or without a reasonable accommodation. UPS argued that although Gribben had a physical impairment that limited a major life activity, he failed to prove that he was “substantially” limited compared with the “average person in the general population.” UPS pointed to the fact that Gribben could walk and lift some weights. (Gribben v. United Parcel Serv. Inc., 9th Cir., 6/16/08)

How did the case end … and what lessons can be learned? Click here to read more: http://www.businessmanagementdaily.com/18593/is-air-conditioning-a-required-ada-accommodation.