11th Circuit Upholds bar on Claims by Jail Officer with Cancer

The 11th Circuit recently held that an officer at a county jail in Florida who was undergoing treatment for cancer cannot proceed with her Americans with Disabilities Act ("ADA") claim because she failed to identify a reasonable accommodation that would allow her to perform the essential functions of an available position.

Lisa Spears was hired in 2004 to work in the medical unit of a jail in Wakulla County, Florida. Spears was eventually promoted to a lieutenant position responsible for supervising several officers.

In April of 2012, Spears' job was eliminated (along with all medical jobs at the jail) when a private health-care provider took over inmate medical care. Because Spears didn't meet the minimum education requirements to apply for a position with that private company, she requested a transfer to the jail's corrections department. Spears was informed by the Sheriff that no lieutenant positions were available in the corrections department, but she was offered a "shift detention deputy" position. At that time, and for the first time, Spears disclosed to the Sheriff's Office that she had cancer and was undergoing treatment. At her deposition, Spears claimed she never accepted the detention deputy position and could not perform the position's duties because of her radiation treatments.

After Spears' requests to transfer to a position that would allow her to work "roughly the 8 to 5 shift" and to "take intermittent leave" while receiving radiation treatment were denied, she went on full-time leave under the Family and Medical Leave Act ("FMLA"). When her FMLA leave was about to expire, her doctor provided a letter stating that she couldn't perform detention deputy tasks related to the use of force, and "she was better suited for a supervisory position." Thereafter, the Sheriff's office terminated her employment because it determined she was unable to perform the essential functions of the detention deputy position. Spears filed suit.

In the ensuing case, Spears v. Charlie Creel, No. 14-12261 (11th Cir. 2015), the 11th Circuit affirmed the lower court's granting of summary judgment in favor of the Sheriff, finding that Spears' request to transfer to a light-duty or part-time lieutenant position until she was able to return to work full time wasn't reasonable. Her lieutenant position in the medical unit was eliminated when that department was outsourced, the court said, and there were no vacant supervisory positions available in another department at the time she requested a transfer.

Furthermore, the ability to work shift hours and a consistent schedule were essential functions of an available detention deputy position, the court said. The ADA "does not require an employer to reallocate job duties in order to change the essential functions of a job," it said. Thus, the court held, it would not have been reasonable to expect the Sheriff to accommodate Spears by altering a detention deputy job to make the position both light duty and part time.

This case provides employers with an example of the limits that can be applied to employers' duties to make reasonable accommodations to employees under the ADA. With questions, contact Andrew Gordon of Hinshaw's Ft. Lauderdale office.