Disability bias claims fail over other medical conditions.

Byline: Correy E. Stephenson

A company that performed an "extensive inquiry" before determining that a job applicant could not perform the essential functions of the position with or without accommodation due to his other medical conditions was entitled to summary judgment on the applicant's disability bias claims, a federal court judge has ruled.

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"[The plaintiff] attempts to pivot and challenge Electric Boat's decision not to hire him because of his other physical conditions. But this sleight of hand fails."

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No dispute existed over the essential functions of the position Fernando Pereira twice applied for at Electric Boat Corp., U.S. District Court Chief Judge William E. Smith said, rejecting the applicant's argument that the employer failed to conduct an individualized assessment into his health.

"Contrary to Pereira's description Electric Boat did perform an extensive inquiry," Smith wrote. "Electric Boat's decision not to hire Pereira twice was based on a physical exam performed by an outside contractor, a physical exam performed by [the company's medical director], records obtained regarding previous medical diagnoses and treatment, interviews with Pereira and discussions within a committee set up for exactly this purpose."

Warwick attorney Richard J. Savage, who represented the plaintiff, did not respond to a request for comment. Nor did Robert P. Joy of Boston, counsel for the employer.

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CASE: Pereira v. Electric Boat Corporation, Lawyers Weekly No. 52-117-19 (16 pages)

COURT: U.S. District Court

ISSUE: Was summary judgment appropriate on a job applicant's claim of disability discrimination given that the employer reviewed multiple physical exams, medical records, interviews and discussions with a committee before determining that the applicant was unable to perform the essential functions of the job with or without accommodation?

DECISION: Yes[/box]

Restrictions can't be accommodated

Pereira first applied for a job with Electric Boat as an outside electrician in May 2014. He accepted a conditional job offer contingent upon his completion of the employer's physical examination.

Due to Pereira's medical history including a 2011 knee injury, carpal tunnel syndrome, and degenerative joint disease in both knees and ankles Electric Boat requested additional medical information.

Based on the medical records going back two years, a physical exam by an outside...