by Maria Greco Danaher, Esq.
A federal court has held that, under certain circumstances, the ADA may obligate an employer to accommodate an employee’s disability-related difficulties in getting to work.
The 3rd Circuit Court of Appeals held that changing a part-time employee’s schedule to day shift—because her poor vision made it dangerous for her to drive at night—could be a reasonable accommodation under the ADA.
The case is Colwell v. Rite Aid (No. 08-4675, 3rd Cir., 2010).
Night and day
In April 2005, Jeanette Colwell began working as a part-time retail clerk at a Rite Aid drugstore, generally working weekdays from 5 to 9 p.m. A few months after she began working there, Colwell was diagnosed with retinal disease and glaucoma, which eventually left her blind in one eye.
In September 2005, Colwell told her supervisor that the partial blindness made the drive to work at night dangerous and difficult for her. She asked to be...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- No way to accommodate an employee's disability? Then you don't have to
- Do oral complaints carry the same weight as written complaints in retaliation cases?
- Any problem firing employee who wants her exempt classification changed?
- Investigating EEOC complaint? You're protected from retaliation, too