In Cooper v. Coca-Cola Consolidated, Inc., 2024 WL 638551 (6th Cir., Feb. 15, 2024), Cooper sued under the ADA alleging failure to accommodate and constructive discharge. Cooper drove a delivery route and suffered from Tourette Syndrome presenting with verbal tics – including profanity and racial slurs. After granting Cooper FMLA leave to address his condition, changing his delivery route so as to avoid customers who had previously complained of his conduct, and moving him to a position with less public contact, the employer moved Cooper to a graveyard warehouse shift which paid slightly less. The court held the original job description, which included a requirement for “excellent customer service” was sufficient to establish customer service as an essential job function. The trial court granted the employer’s motion for summary judgment and the Sixth Circuit Court of Appeals affirmed. The Sixth Circuit found that based on Cooper’s requests for accommodation, his own admissions, and assessment by Cooper’s doctor, Cooper could not perform the essential functions of the job without accommodation. The court found that reassigning Cooper to the warehouse was a reasonable accommodation as there were no open positions at the time for drivers that did not have customer contact. Finally, the constructive discharge claim failed because each time Cooper requested an accommodation from the employer, one was provided.
Is Reassignment a Reasonable Accommodation? Sixth Circuit Says “Yes”
