In Smith v. Newport Utilities (6th Cir., No. 24-5502, 2/27/2025), the Sixth Circuit Court of Appeals upheld summary judgment for the employer on the plaintiff’s claim that he was discharged in violation of the Americans with Disabilities Act. Smith was a bucket-foreman, whose job duties included maintaining and repairing electrical facilities and power lines in the field. He suffered from a seizure disorder and based on his restrictions the employer ultimately required him to resign. The court found Smith represented a direct threat of harm and therefore was not a “qualified individual” under the ADA. The court further concluded the employer could not accommodate Smith with a modified work schedule because overtime and standby work were fundamental functions of the bucket-foreman position, and he was not otherwise qualified for any other open positions.
Sixth Circuit Finds Seizure Disorder Renders Utility Worker a “Direct Threat” under ADA
