Is the ability to work safely essential to the job?
One of the duties of any job is to work safely, according to the Michigan Court of Appeals in a case brought under the Michigan Handicappers’ Civil Rights Act (Szymczak v. American Seating Co., 3 A.D. Cas. (BNA) 381 1994). Employees owe a general duty to their employers to act with due regard for the safety of themselves and others while at work. Therefore, a handicap that prevents someone from doing a job with due regard for the safety of himself and others is a handicap that is related to the ability to perform that job.
