The Fifth Circuit reversed summary judgment granted to the employer and remanded the case of Cannon v. Jacobs Field Services North America.

Here Jacobs Field Services North America (“JFS”) had offered Cannon a job as a field engineer but upon learning that he had a rotator cuff impairment, preventing him from raising his right arm above the shoulder and requiring prescription pain medication, it revoked Cannon’s offer. The Fifth Circuit believed the there was evidence pointing to the fact that he was disabled or could be regarded as disabled under the American’s with Disabilities Act because of the fact of his inability to lift and reach due to his shoulder injury.

The case was remanded because it was unclear whether or not Cannon could …show more content…
He also told the doctor that he had a prescription for Ultram, the brand name version of the opioid Tramadol, but was not currently taking it. The doctor cleared Cannon for the position of field engineer as long as JFS accommodate him by not allowing him to drive company vehicles, to lift, push, or pull more than ten pounds, or work with his hands above shoulder level.

JFS disagreed with the proposed accommodations and that same day determined that Cannon was unfit for performing the job because they needed someone capable of driving, climbing, lifting, and walking and the fact that the job site was located on mountainous terrain. Cannon was contacted by the human resources department with the decision and he asked if he could talk to someone about the decision.

Cannon was told to contact the Occupational Health Department and upon doing so he learned that JFS needed clarification as to whether he could climb a ladder and was still taking Ultram. Cannon submitted documentation clarifying these issues, including clearances from his doctor. That same day JFS rescinded its offer to Cannon due to his inability to climb a