Cripe

Cripe v. City of San Jose

Good Law
261 F.3d 877
United States Court of Appeals for the Ninth CircuitAugust 17, 2001Nos. 99-15253, 00-15625California8,707 words

Opinion

Lead Opinion

Reinhardt, J.

The plaintiffs in this consolidated action, San Jose police officers with neck and back injuries that prevent them from serving as patrol officers, contend that the City of San Jose’s policy that categorically restricts the jobs that officers with disabilities can perform to a small number of undesirable positions violates the Americans with Disabilities Act (ADA). The City, reciting the importance of the work performed by police officers, disagrees. It contends that public safety would be compromised if officers with physical limitations that prevent them from forcibly arresting suspects were permitted to perform more than the prescribed handful of jobs on its police force. Given the standards of review that apply to this appeal, we must agree with the plaintiffs that the City’s policy relegating them to unsatisfactory jobs in which they have little or no possibility for promotion simply cannot be reconciled with the ADA’s “clear and comprehensive national mandate” to “elimi-nat[e] ... discrimination against individuals with disabilities.” 42 U.S.C. § 12101 (b)(1).

The ADA does not contemplate that the disabled must be integrated only into workplaces in which the work to be…

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