National Litigation Hotline

The Eighth Circuit recently held that an employer who terminated an employee unable to perform the essential job function of vacuuming, with or without accommodation, did not violate the ADA. Alexander v. The Northland Inn, 2003 WL 865072 (8th Cir. Mar. 5).

Plaintiff Ansaf Alexander began working as a 'p.m. housekeeping supervisor' in July 1997. She was in an automobile accident in October 1997, which exacerbated earlier injuries and caused chronic pain. In February 1998, Alexander took another housekeeping position. Her doctor prepared a report listing temporary work restrictions, including, among other things, no heavy or repetitive pushing or pulling. Alexander provided the list to her supervisor. In May 1998, Alexander's employer rehired her as a p.m. housekeeping supervisor, which required her to assist the housekeeping staff in maintaining the cleanliness and attractive appearance of the guest rooms and public areas, as well as supervising the staff's work. Included in her responsibilities were (when necessary) vacuuming guest rooms, the common areas, and the large hotel restaurant. Further, Alexander also filled in for day housekeeping supervisors, and vacuumed during those times as well. In February 1999, Alexander was asked by her supervisor to vacuum a room, which she declined to do, instead asking another employee to do it for her. She took 2 days off, visited a chiropractor, and returned with a report from her doctor listing permanent work restrictions, including 'no heavy or repetitive pushing or pulling,' and an annotation of 'no vacuuming.' In response, the employer's benefits manager contacted the doctor by fax, asking if the doctor would release Alexander to vacuum more than five times daily. The doctor responded in the negative, and the employer terminated Alexander because she was unable to perform an essential function of her job.