EEOC sues over commute rule: Employee’s not allowed to Uber to work

When do employers’ ADA obligations kick in? Do compliance requirements start as soon as employees get to work? Or do they begin during the commute — before workers even arrive at the job site?

A newly filed lawsuit puts the question to the test. According to the Equal Opportunity Employment Commission (EEOC), a Michigan employer violated the ADA by failing to provide a reasonable accommodation to help an employee with her commute to work.

Worker’s commute: Drive to clients’ houses to provide in-home care

According to the EEOC’s lawsuit, an occupational therapist worked for Alternate Solutions Health Network and its affiliate Beaumont Ashn, providers of home health services. The therapist provided therapy services to patients in their homes. As part of her job duties, she drove to patients’ houses.

In February 2021, the therapist suffered a grand mal seizure and was later diagnosed with a brain tumor and disorder. As she improved with treatment, she was cleared to perform all aspects of her job. However, she had one limitation: She couldn’t drive.

The therapist asked if she could use a ridesharing service to get to her patients’ homes. Her employer denied the request and terminated her employment, the suit asserted.

In the EEOC’s view, the alleged conduct violated the Americans with Disabilities Act (ADA) by failing to provide a reasonable accommodation.

After unsuccessfully attempting to reach a pre-litigation settlement through its conciliation process, the EEOC filed a lawsuit on the employee’s behalf.

The suit seeks back pay, compensatory damages, punitive damages and injunctive relief to prevent future discrimination.

“This employee was able to work as an occupational therapist,” said Miles Uhlar, trial attorney for the EEOC’s Detroit Field Office. “By refusing to allow her to use alternate transportation to get to work, and instead terminating her, her employer violated the ADA.”

We’ll keep you posted on this case. But it isn’t the first time that the commute accommodation issue has been raised by the EEOC.

Lessons learned: What happened in similar cases involving commutes?

These two similar cases provide valuable insight.

1. Cataracts affect commute

Earlier this year, the Seventh Circuit revived a lawsuit filed on behalf of an employee with cataracts. He sought accommodation – an adjusted schedule – to help with his commute because he cannot see well at night.

The employer denied the request, saying the ADA did not require “assistance with [his] commute” to work.

When the EEOC sued on the employee’s behalf, the trial court dismissed the case. But the Seventh Circuit said more info was needed. It reversed the ruling and remanded the case for further development.

2. Service dog supports independent commute

And just last month, Papa John’s agreed to pay $175,000 to a legally blind individual who was hired to work at a location in Georgia. The company also agreed to provide ADA training and submit to EEOC monitoring.

The newly hired employee couldn’t start until he got the official OK on his accommodation request – to bring his service dog to work, as he needed the animal to safely commute to and from work.

But Papa John’s denied the request and fired the employee before he even worked a single shift.

The worker filed a complaint with the EEOC, and the agency filed a lawsuit on his behalf.

“Not allowing blind and visually impaired people to travel to and from work in the way that affords them confidence and independence is akin to telling sighted workers who rely on the flexibility and independence of driving that they may not travel to work by car,” said Karla Gilbride, the EEOC’s general counsel.

In addition to the financial payout, the company agreed to provide ADA training to its managers and submit to EEOC monitoring.

Bottom line: When it comes to any ADA accommodation requests — including those involving commutes — employers should go through the interactive process to see if a reasonable solution can be reached.