Employee suffering from brain tumor is not a "qualfied individual" under the ADA; summary disposition of ADA claim is upheld; irrelevant that doctors disagreed.
In Michael v City of Troy Police Department, the plaintiff sued his employer under the Americans with Disabilities Act. He suffered from a non-malignant brain tumor which had required two prior surgeries. The City identified what it deemed to be "aberrant behavior" six years later and initiated an investigation which was tabled when he underwent a third surgery. When he attempted to return to work, the City insisted that he undergo a psychological examination, first.
When the City's evaluator concluded that Michael "may be a threat to himself or others," the City put him on unpaid leave. His own doctors testified that he was not a risk and could safely be employed as a patrol officer. He filed suit under the ADA arguing that the City was discriminating against him based upon a physical disability which it was obligated to reasonably accommodate. The Court of Appeals ruled that since the employer acted in reliance upon an "objectively reasonable opinion," it had met its duty under the ADA, and wasn't obligated to accommodate Michael, regardless of Michael's physicians' disagreement.