Question

A woman worked part-time as a clerk at a drug store. She worked mostly on weekdays from 5 PM to 9 PM, but was occasionally given other shifts. Due to glaucoma, she eventually lost all sight in her left eye. She had no difficulty performing her job, but she did experience problems getting to work. She asked to be given a "day shifts only" schedule because of the danger of driving home at night and the complete unavailability of public transportation. Her supervisor said that she would not be given the schedule she requested because that would not be fair to the storeâs other employees. The woman provided a doctorâs note recommending that she not drive during evening hours, but the store did not change its position. Her union representative met with store officials and reported that he "got nowhere." Other attempts to arrange meetings involving the woman fell through. She received rides from family members and did not miss any work following the denial of her request. However, it became too difficult to continue to arrange rides and she quit.
Required:
Did the store fail to reasonably accommodate this employee? Why or why not?

Answer 1

Answer:

Did the store fail to reasonably accommodate this employee? Why or why not?

Yes, the store did fail to accommodate this woman. Changing her work schedule was not an extra benefit, it was a necessity for her. Changing her schedule due to valid medical reasons isn't being nice to her, it is doing the right thing. She was a good employee since she tried to keep working despite being difficult for her to go to work, but was unable to continue doing so.

In legal terms, in order to determine if the supervisor's actions violated the American Disabilities Act, we must first know if the woman's glaucoma was so severe that it was considered a disability. Apparently due to the doctor's note, her condition could be considered a disability. If she was legally disabled, then the supervisor and the company should have been fined. They are legally required to change her work shift.