It’s common for employers to administer tests to applicants or employees up for promotion to be sure the candidate has what it takes to do the job. But as one Southern California employer recently discovered, you can run into serious trouble if you automatically disqualify someone who can’t pass a test due to a medical condition-even if the person isn’t disabled.
Color-Blind Applicant Fails Vision Test
Teg Diffey applied for a deputy sheriff position with the Riverside County Sheriff’sDepartment. The department required all applicants to pass a color vision test on the grounds that color vision acuity was necessary to safely perform the job. Diffey failed the test and his application was denied. It turned out that he had a red/green vision deficiency, although prior to taking the test he wasn’t aware of it.
According to Diffey’s attorney, Samuel B. Shepard, Diffey retook the test after obtaining specially tinted contact lenses. He got a perfect score, but he didn’t disclose that he was wearing the lenses. When the department found out, it refused to hire him, contending that the lenses could create other vision problems that would interfere with Diffey’s ability to perform the job.
Diffey then asked to be allowed to take a field test to prove that he could identify colors of traffic lights, cars, clothing and other objects, without the lenses. His attorney told CEA that Diffey would have had no problem passing a practical test. But the department refused, citing its policy of not administering field tests.
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Failure To Accommodate
Diffey sued for disability discrimination. He charged that the department regarded him as being disabled, even though he could have performed the job satisfactorily. The sheriff was therefore obligated, he claimed, to reasonably accommodate him under the Americans with Disabilities Act by either accepting the successful vision test with the special lenses or giving him a field test.
The department denied that it considered Diffey to be disabled. It also argued that adequate color vision was a legitimate job qualification for deputies and it wasn’t required to accommodate him, according to its attorney, Bruce Disenhouse.
Employer On The Hook For Hefty Verdict
The jury returned a verdict of $307,000 in favor of Diffey. It found that adequate color vision was in fact a bona fide occupational qualification. However, the jury concluded that the department did regard Diffey as disabled and was obligated to accommodate him. The case is now on appeal.
Steering Clear Of Problems
The department’s refusal to accept Diffey’s successful test results or allow him to take a field test played a major role in the large verdict.
If an applicant or employee asks for a reasonable accommodation that won’t impose a hardship on you, it’s best to try to work out a solution. Consult with the employee-and medical professionals, if necessary-to determine the person’s limitations and what would enable the worker to pass a qualifying test and perform the essential functions of the job.