Can a correctional officer be fired for not being able to qualify when firing a hand gun due to hand surgery and arthritis?

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Can a correctional officer be fired for not being able to qualify when firing a hand gun due to hand surgery and arthritis?

They do not even use a gun on the job.

Asked on August 3, 2015 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, they can be fired for this, if whether or not they in practice use it, the ability to fire a gun is a logical or reasonable requirment of the job set by their employers. Employers have considerable discretion to set job requiements: if an employee cannot meet those requirements, he or she may be fired even if the requirement is not for something he or she usually does on the job. For example: many police officers and solidiers have sedantary jobs; however, if they do not meet the minimum fitness requirements, they can be fired or discharged, even if, in practice, they will never have to chase down a suspect or march 15 miles while carrying ammo, weapons and supplies. The same principal applies in this situation.


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