Background
Michael Jezior, a former engineer-paramedic with the Chicago Fire Department, suffered a stroke that limited his mobility. He was reassigned to a procurement position at O’Hare Airport. When eligible for a lieutenant promotion, Jezior sought an in-place promotion that would allow him to remain at the airport. The City denied the request, stating that all available lieutenant positions at the airport required firefighting duties Jezior could not perform. Jezior sued under the Americans with Disabilities Act, alleging failure to accommodate and discrimination.
The court’s reasoning
The court affirmed that Jezior was not a qualified individual for the desired position because the essential functions of a lieutenant at the airport included firefighting, which he could not perform. The court further ruled that the ADA does not require an employer to create a new role or change the essential duties of an existing one. Additionally, the court found that Jezior failed to engage in the required interactive process by refusing to submit medical paperwork to explore alternative accommodations, thereby cutting off the process himself.
What it means going forward
The decision reinforces that public safety employers may define essential job functions strictly and that employees must actively participate in the interactive process to identify reasonable accommodations rather than demanding specific outcomes.