Finally get that promotion? Get exclusive content, tips and tools to help you excel.
Shawn Premer shows how doing the right thing for employees leads to positive business results.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
Driving is not necessarily an essential function of a sales position requiring extensive travel, according to the 4th U.S. Circuit Court of Appeals.
Traveling pharmaceutical sales representative Whitney Stephenson worked for Pfizer Inc. for nearly 30 years and was one of the company’s top sales representatives. Stephenson’s job required her to travel to and from doctors’ offices to sell pharmaceutical products, but her job description did not list driving as an essential function. Pfizer provided Stephenson with a company car to drive to and from sales meetings.
Stephenson developed an eye condition that caused her vision to deteriorate. She was eventually unable to drive and requested that Pfizer provide her a driver to take her to and from sales meetings. Pfizer denied Stephenson’s request for a driver, stating that the ability to drive an automobile was an essential function of the job of a salesperson and that hiring a driver was “inherently unreasonable.”
Stephenson sued Pfizer, alleging that the company violated the Americans with Disabilities Act (ADA) by failing to accommodate her disability. The district court granted summary judgment, finding that the ability to drive an automobile was an essential function of Stephenson’s job as a salesperson. Because Stephenson could not drive a car with any accommodation, the court held that Pfizer did not violate the ADA (and did not fail to accommodate Stephenson’s disability) when it denied Stephenson’s request for a driver.
On appeal, the 4th Circuit reversed the district court’s decision, noting that it was not clear whether the ability to drive was an essential function of Stephenson’s sales position. The court emphasized that Stephenson’s job description said nothing about driving or even possessing a driver’s license. Thus, while there was some evidence that being able to drive was essential for a salesperson, there was also some evidence that a salesperson only needed to be able to travel.
The court sent the case back to the district court to determine whether driving or traveling was an essential function of Stephenson’s job. If driving was an essential function, then Pfizer did not violate the ADA because Stephenson could not drive with any accommodation. If only the ability to travel was required, however, then Pfizer may have had an obligation to offer Stephenson a driver or some other accommodation.
Stephenson v. Pfizer, Inc., 4th Cir., No. 14-2079 (March 2, 2016).
Professional Pointer: Employers should be cautious in drafting job descriptions, ensuring that all essential functions are listed and precisely worded.
Marc Sugerman is an attorney with Allen, Norton & Blue, P.A., the Worklaw® Network member firm in Winter Park, Fla.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
CA Resources at Your Fingertips
SHRM’s HR Vendor Directory contains over 3,200 companies