Security Guard Wanted Segway to Roll Through Work, Loses Disability Claim.
This next story needs no segue, but if you need visuals, see Paul Blart: Mall Cop.
Security guard Roderick Gaines claimed he needed a Segway to get around in his job at an Atlantic County, New Jersey facility because he had a dropped foot. But several county employees objected that the two-wheeled personal vehicle was unsafe in the job and, therefore, his employer took away the accommodation.
Gaines worked for a private security firm, Security Guard, Inc., servicing its customer, Atlantic County. He complained to Atlantic County employees about the change, which violated his chain of command and the employee handbook (which instructed that he should direct such concerns to his Security Guard supervisor, not customer contacts) and was deemed insubordination. The court rejected Gaines’s claims, finding that the County’s safety concerns were legitimate, and that the reasons for termination – failure to follow employer rules and insubordination – were legitimate and non-discriminatory.
This case is a reminder that disability accommodation laws do not trump health and safety concerns, or basic employer rules – such as the need to follow the chain of command when objecting to an issue at a customer worksite – despite the Paul Blart precedent.