Appeals court finds visually impaired employee unqualified for his position

In a case that helps employers understand what a “reasonable accommodation” is, the U.S. 11th Circuit Court of Appeals, which covers Alabama, Florida, and Georgia, recently affirmed a lower court’s decision to dismiss a case regarding a Georgia employer that was accused of violating the Americans with Disabilities Act (ADA).

Background

Scottie Lewis worked for the Georgia Power Company as a lineman. In this role, he was often asked to drive heavy machinery requiring a commercial driver’s license (CDL). Despite having lost the ability to see out of one eye as a young child, he was still eligible to hold a CDL, so long as he timely submitted visual impairment exemption paperwork.

In 2019, when Lewis missed his exemption filing deadline, Georgia Power fired him for failing to maintain his CDL. Over his approximately two decades of employment, he had two other instances in which his CDL was temporarily suspended. First, in 2007, he was charged with driving under the influence, and in 2017, he accidentally lost his CDL and had to refile his exemption paperwork.

In 2017, Georgia Power allowed Lewis to work for 30 days while he resubmitted is exemption paperwork as a reasonable accommodation. But in 2019, when he sought the same accommodation, Georgia Power concluded the request wasn’t medically related, rejected the request, and fired him.