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Livingston v. Fred Meyer Stores, Inc., 9th Circ., 08-35597, July 21, 2010

Articles Discussing Case:

Ninth Circuit weighs in on assistance with commuting as a reasonable accommodation.

Ogletree Deakins • July 30, 2010
Earlier this year, and in a case of first impression, the 3d U.S. Circuit Court of Appeals upheld an employee’s claim that her employer violated the ADA by refusing to change her work shift after she reported commuting difficulties based upon a visual impairment that made it difficult for her to drive at night. Now, in an unpublished opinion, the 9th U.S. Circuit Court of Appeals has issued a similar decision. In that case, the Court reversed a decision in favor of an employer, allowing an individual’s claim to go to trial on the issue of whether the company failed to accommodate the employee’s visual impairment when it refused to modify her work schedule to daylight only hours.