While many district courts have found that commuting to work falls outside of the realm of an employer’s obligation to provide reasonable accommodations for disabled employees, some courts have opted to expand upon the ADA by ruling otherwise.
Close to home, trouble driving
In Colwell v. Rite Aid Corp (602 F.3d 495, 3rd Cir., 2010), the 3rd Circuit Court of Appeals considered whether a request for a shift change was a reasonable accommodation for an employee who cannot drive at night, due to vision problems.
Ruling in the employee’s favor, the court held that “the ADA contemplates” that it may be necessary for an employer to make a “reasonable” shift change in order to accommodate a disabled employee’s “disability-related difficulties in getting to work.” One such example would be when the accommodation requested is a “change to a workplace condition that is entirely within an employer’s control and . . . would allow the em...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Weigh retaliation risk when firing worker who has complained of discrimination
- Follow the discipline rules in your handbook to defeat discrimination claims
- DOL replaces opinion letters with new 'administrator interpretations'
- Labor pains: The perils of the Employee Free Choice Act