Background
Will Twigg, a Corrections Deputy Sheriff for the Palm Beach County Sheriff’s Office, suffered from post-traumatic stress disorder and was a member of the armed forces. After his Florida Department of Law Enforcement certification lapsed and he requested accommodations for his disability, the Sheriff’s Office terminated his employment. Twigg sued alleging violations of the Americans with Disabilities Act, the Family and Medical Leave Act, and the Uniformed Services Employment and Reemployment Rights Act. The district court granted summary judgment for the Sheriff’s Office, finding Twigg was not a qualified individual and had no right to reinstatement.
The court’s reasoning
The Eleventh Circuit reviewed the grant of summary judgment de novo. The court held that the essential functions of a Corrections Deputy Sheriff include responding to violent or emergency situations, which Twigg could not perform due to his PTSD. The court found that the administrative positions Twigg requested still required him to perform these essential functions, and he failed to identify any specific vacant position for which he was qualified. Additionally, Twigg failed to maintain his required law enforcement certification, which is an essential function of the job. Regarding the FMLA claim, the court found Twigg had no right to reinstatement because he could not perform the essential functions of his job. For the USERRA claim, the court found no evidence that his military service was a motivating factor in his termination, as the termination was based on his lack of certification and inability to perform essential duties.
What it means going forward
The decision reinforces that employers are not required to eliminate essential job functions or create new positions to accommodate employees who cannot perform core duties. It clarifies that reassignment is only a reasonable accommodation if a specific vacant position exists and that failure to maintain required professional certifications can justify termination even for employees with disabilities or military service.