Would changing an employee’s commute qualify as a “reasonable accommodation” under the Americans with Disabilities Act? A federal appeals court says yes.
The case involves a woman who worked for a retail chain in Oregon as a wine steward. She developed a visual impairment that affected her depth perception in low-light conditions, which made it difficult for her to drive after dark.
She requested — and was granted — a schedule that allowed her to come in and leave work during daylight hours. The company didn’t run into any problems with her working the modified hours — indeed, sales in her department went up.
Nonetheless, the company reversed its decision.
When the woman refused to work her new shift — which would have required her to commute home after dark — she was fired.
Not an unreasonable request
She filed suit, claiming her employer had violated the ADA by not continuing to accommodate her scheduling needs.
A federal district court ruled for the employer, saying the woman didn’t have a disability under the ADA because her vision problems didn’t “substantially limit any major life activity.” What’s more, the district judge said, an employee’s commute was outside the area of a company’s accommodation obligations.
But the appeals court reversed. “Seeing” would certainly fall into the category of major life activity, the judge wrote, and there was no question the woman’s night blindness affected her abilities in that area.
And her request was reasonable — the company hadn’t experienced any hardship when she worked the modified schedule the first time.
The court sent the case back for trial, which means the employer now faces two unhappy possibilities: an expensive court action, or an expensive settlement.
Cite: Livingston v. Fred Meyer Stores, Inc.
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