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

UPDATED: Aug 3, 2015

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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