Pontinen v. United States Steel Corp.

Russell Pontinen (plaintiff) had one seizure at age eight, another at 22, a third in June 2014, and possibly a fourth two months later. During his seizures, Pontinen lost consciousness. After the June 2014 seizure, neurologist Dr. Abu-Aita prescribed an antiseizure medication and warned Pontinen never to miss a dose. In 2017, Pontinen insisted on coming off the medication against Abu-Aita’s advice. Abu-Aita warned that Pontinen had a higher risk of seizures at any time. Around the same time, Pontinen applied to work as a utility person for United States Steel Corp. (USS) (defendant). The role involved operating heavy machinery and using dangerous tools. USS gave Pontinen a job offer contingent on passing a fitness-for-duty exam. The exam revealed Poninten’s history of seizures and his cessation of treatment against advice. The examining nurse sent Abu-Aita an information request. After performing an electroencephalogram and obtaining a normal result, Abu-Aita indicated he did not expect Pontinen’s condition to impact job-related health or safety. However, Abu-Aita’s treatment notes indicated his belief that Pontinen had a higher risk of seizure while unmedicated. USS concluded that restrictions would need to be placed on Pontinen’s job activities. The needed restrictions were deemed incompatible with the utility-person role, and Pontinen’s employment offer was rescinded. Pontinen sued USS for discrimination violating the Americans with Disabilities Act (ADA). The district court granted summary judgment in USS’s favor on the basis that Pontinen’s uncontrolled seizure disorder would pose a direct threat to the health and safety of himself and others. Pontinen appealed.