Legal Question in Disability Law in Georgia

Reasonable Accomodation

There is a gentleman who works for me who is deaf and mute. He is now a Maintenance Worker as classified under the City of Savannah's Civil Service Law. I currently have several openings for Senior Maintenance Workers and this gentleman has applied for one of those openings. The City is now stating that this gentleman is not qualified for the position due to the fact that he cannot obtain a commercial drivers license, (the state will not issue a CDL license to deaf persons). This man has worked for the City for ten years in the same position and is an exemplary employee. I am picking up the torch, so to speak, in his defense. Can the City legally exclude him on this basis? Please help.


Asked on 8/31/99, 3:59 pm

1 Answer from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Reasonable Accomodation

If driving on public roads is an essential

function of the job and this gentleman cannot

perform that function even with a reasonable accommodation, then the

city can "legally exclude" him from the job. What percentage of the job is driving on public roads? If a small percentage, it might be that the city could give him a partner -- provided the men work with partners or in a team --

who could do the driving.

With more facts from you, it might be possible to give you a more constructive response, but I'd have to know more facts to do it.

Good luck. I commend you for your sense of fairness. We need more like you in positions of responsibility.

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Answered on 8/31/99, 11:29 pm


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