If you have more than 15 employees, you are subject to the Americans with Disabilities Act and Amendment Act. These laws require you to offer reasonable accommodation to someone who is disabled.
Reasonable accommodation may range from placement into a job that allows the worker to provide value in a different way than originally planned when he was hired to providing assistance for aspects of the job that the disabled person cannot perform due to his disability.
If this person is qualified for a job in your organization that does not require the same level of physical capability as the one for which he was hired, you could consider placing him in that job for a trial period to see how he does.
On the other hand, you may simply be feeling that you cannot trust this person because he misrepresented his physical capabilities. So, if your worker is a new hire (still in the probationary period) and you honestly believe that he misled you regarding his capability to do the job for which he was hired, termination may be the way to go.
If you want to be certain that you are on solid ground regarding termination, you should contact a reputable employment attorney. Be sure that you talk with an attorney who specializes in employment law, as others may not really be helpful in these regards.
Does your job requirements page state that the employee being hired check each physical requirement and sign off attesting that he can do what the page says is required to safely do the job? If not, that might be a way to go in the future.
Question added to topic Human Resources • August 3, 2010
What are my options if my employee was dishonest about being physical fit for his job?
We are a general contracting business and have a job requirements page that details the physical demands of the job.
Penny is a seasoned human resources executive and consultant with over 25 years of diverse business experience in advising enterprise leaders on employment-related matters.