Ferrari v. Ford Motor Co.

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Ford hired Ferrari in 1996. In 2000, Ferrari suffered a neck injury at work. He was on medical leave for almost two years. Ford then accommodated his restrictions for nine years, in light-work positions, and approved leave under the Family Medical Leave Act (FMLA) four times. After the last leave, Brewer, Ford's doctor, cleared Ferrari to return from psychiatric medical leave. Brewer did not lift Ferrari’s neck injury restrictions pending further testing, citing recent notes finding Ferrari disabled and an ongoing need for narcotics. Another doctor had found that Ferrari was addicted. Meanwhile, two skilled trades apprenticeships, to which his seniority entitled Ferrari if he passed a physical, opened. Ferrari obtained clearances from outside doctors and a functional capacity evaluator. The evaluators did not address whether the opioids could affect his performance. Brewer concluded that Ferrari was “able to work without restrictions from a physical perspective,” but maintained the ladder-climbing and overhead-work restrictions until he could be taken off the prescribed opioids, "3-4 months.” The supervisor concluded that Ferrari’s restrictions disqualified him from the apprenticeship. Ferrari was bypassed and is now first on the wait list for an apprenticeship. Ferrari alleged that Ford’s decision was unlawful discrimination under the Americans with Disabilities Act and FMLA retaliation. The Sixth Circuit affirmed summary judgment in favor of Ford. Ford only barred Ferrari from a particular job, temporarily; the evidence does not show that Ford regarded Ferrari’s opioid use as a substantial impairment on the major life activity of working. There was no evidence that the decision-makers did not honestly believe that his restrictions reflected a reasonable medical judgment. View "Ferrari v. Ford Motor Co." on Justia Law