Hennagir v. Utah Department of Corrections

In 2001 the Utah Department of Corrections (the department) contracted with a company to provide retirement benefits. The company informed the department that all employees having direct contact with inmates had to complete a Peace Officer Standards and Training (POST) and become POST certified. The department had previously considered requiring the POST certification, particularly after an employee was injured by an inmate and sued the department. However, the department did not adopt the policy until required to do so for the retirement-benefits program. The department explained its decision to implement the policy was to ensure employee safety in an emergency. In 2003 Barbara Hennagir (plaintiff), who was a physician’s assistant with the department for eight years, was informed that she would no longer keep her employment. Hennagir was unable to become certified due to several physical impairments. In response, Hennagir sued the department in federal district court under the Americans with Disabilities Act (ADA). Hennagir claimed that becoming POST certified was not an essential function of her job, particularly because the certification was not required when she was hired, she had been able to perform her job for years without the certification, and inmates rarely posed a danger. The district court granted summary judgment in the department’s favor. The matter was appealed.