This is the question that was presented in Granelle v.  NYC.

The candidate have a spinal condition known as spondylolisthesis. X-rays reveal this condition and he was disqualified from police officer.


After disqualification and exhausting his administrative remedies the candidate appealed to the New York State division of human rights. They made a determination that in light of his work in construction and having asymptomatic spondylolisthesis the candidate was qualified for the position of police officer. Paragraph the Appellate Division reversed the determination of the division and appeal was taken to the New York State Court of Appeals.


The court held that public employment may not be denied based on speculation or mere possibilities especially when such determination is premised solely on fact of applicants inclusion a class of persons with particular disability rather than upon an individualized assessment of the particular individual.


The major holding was that the candidate was presently able to reasonably perform the duties of a police officer and would be able to do so for the foreseeable future and the divisions determination find the candidate suitable for employment was reinstated.


Read about this civil service disqualification/NYPD police officer disqualification case here.