Is Work Like Golf?

Casey Martin has a circulatory disability that makes it dangerous for him to walk. His attorneys convinced the U.S. Supreme Court that the Pro Golf Association Tour violated Title III of the Americans with Disabilities Act by not allowing him to use a golf cart. Title III of ADA bars discrimination in public accommodations, not employment. The Court’s ruling nevertheless shows how some courts may decide analogous claims of employment discrimination under Title I of ADA. Questions about what are essential job functions and whether accommodations will fundamentally alter the job or business and cause undue hardship may be affected by the Martin case.

The Supreme Court decided that allowing Martin to use a golf car would not fundamentally alter the nature of the PGA Tour, like changing essential aspects of the game, such as hole diameter, and that riding wouldnot give Martin a competitive advantage over the other pro golfers. The Court accepted Martin’s argument that shot-making was the essence of the game; and that carts were allowed in qualifying events and on the senior tour. The Court also decided that allowing Martin to use carts would not affect tournament outcomes for a number of reasons, because individuality does not always decide the result; different weather, starting times and bounces often contribute; walking does not significantly increase other golfers’ fatigue; and Martin tired more than others even when he used a cart.

It is unclear whether lower courts will defer to employers’ analysis of essential functions and undue hardship any more than the Supreme Courtdeferred to the PGA Tour’s position in the Martin case. As a precaution, employers should take steps to prepare for such intensive analysis. Among other things, they should (1) ensure that job descriptions state essential job functions, (2) carefully analyze the effects of all accommodations proposed by disabled employees or otherwise available to the parties, (3) have good reasons for denying accommodations given in other circumstances, (4) and engage in the interactive process in each individual case to determine whether accommodations will fundamentally alter the job or operations. Juries may not give you as many mulligans as your golfing buddies.

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