Appeals court rules for Womble Carlyle in disability suit by former employee
A former employee who claimed disability discrimination by Womble Carlyle Sandridge & Rice won’t be able to pursue her case, according to a federal appeals court.
The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals on Friday affirmed dismissal of the suit by Charlesetta Jennings, a service center worker in the copying room who challenged the firm’s lifting requirement. The Winston-Salem Journal and the Triad Business Journal covered the decision (PDF).
The firm had maintained Jennings’ job required her to lift up to 75 pounds; she had a doctor’s note that said she could lift no more than 20 pounds after her treatment for breast cancer. A federal judge in North Carolina granted summary judgment to the law firm last July, saying Jennings was not protected because lifting was an essential function of her job.
The 4th Circuit agreed. Jennings was unable to perform an essential function of her job, the court said, and excusing Jennings from heavy lifting was not a reasonable accommodation.
“We are not unsympathetic to Jennings’ situation. Indeed we admire her pluck and innovative attempts to prevent injury,” the appeals court said. “However, the unfortunate truth is that, because of Jennings’ disability, she is unable to perform an essential function of the … job without serious risk of further injury.”
