Many employers require employees to cross-train in order to handle a number of different job duties. In some situations, this can help the company cover employee absences. In others, it might help avoid repetitive motion injuries or even alleviate employee boredom. When an employee suffers from a serious medical condition, they frequently request accommodations that would limit them to one or a few of the duties typically performed. Recently, the Sixth Circuit Court of Appeals (which includes Tennessee) held that an employee’s request that she be allowed to sit one-third of her working time was an unreasonable request under the Americans with Disabilities Act.

In Bowles v. SSRG II LLC, the plaintiff applied for a job at a fast-food restaurant. During onboarding, she informed the company that due to arthritis, she needed to sit for 5 minutes after 10 minutes of standing. The job she applied for was a combination cashier and service position that required her to rotate among various duties, with the cashier being the only job that allowed sitting. After the restaurant denied this request, she sued, alleging failure to accommodate under the ADA. The district court dismissed the suit, concluding that the plaintiff was not qualified due to her inability to multitask, which was an essential function of her job.

The Sixth Circuit affirmed this decision, citing the written job description explaining that the position was “fast-paced” and listed a number of duties that required significant mobility. The sitting requirement would limit the plaintiff to only the cashier position for one-third of her working time, regardless of other job needs or whether there were any customers ready to pay. The court concluded that granting the accommodation request would fundamentally alter the job because the plaintiff could not perform its essential functions.

This decision demonstrates the importance of creating written job descriptions that fully explain the duties of the position, as well as the physical and other requirements necessary to accomplish those duties. While the ADA requires employers to grant reasonable accommodations that allow the employee to perform the essential functions of the job, employers are not required to eliminate such functions in order to allow the employee to continue working.

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