Total Articles: 7
Virginia Federal Court Finds Hospital Not Required to Accommodate ER Nurse’s Lifting Restrictions
A Virginia district court has held, once again, that a hospital does not have to accommodate a nurse whose disability causes lifting restrictions so extensive that, in effect, she cannot perform the essential functions of her position.
Federal Appeals Court Holds that Employers May Be Obligated Under the ADA to Accommodate Commuting to Work
The U.S. Court of Appeals for the Second Circuit1 recently reiterated that employers may be obligated under the Americans with Disabilities Act (ADA) to accommodate requests by a disabled employee for assistance with her commute to work. Nixon-Tinkelman v. N.Y. City Dep't of Health & Mental Hygiene, Case No. 10-cv-3317 (2d Cir. Aug. 10, 2011). The plaintiff in Nixon-Tinkelman was hearing impaired and suffered from cancer, heart problems and asthma. Her employer, the New York City Department of Health and Mental Hygiene (DOHMH), reassigned her to work for nine months in Manhattan, rather than Queens, where she previously had been assigned. She requested that DOHMH assist her with her commute to Manhattan during this time. The district court granted summary judgment to DOHMH, finding that "commuting falls outside the scope of the plaintiff's job, and is thereby not within the province of an employer's obligations under the ADA and Rehabilitation Act." The Second Circuit reversed, stating that its prior decisions2 establish that "there is nothing inherently unreasonable . . . in requiring an employer to furnish an otherwise qualified disabled employee with assistance related to her ability to get to work."
11 Employer FAQs (No. 5): Is there any difference between light duty and reasonable accommodation?
Most of the time, yes. Light duty is usually given in the context of a workers' compensation injury. It's often "make work" and provided to facilitate recovery, and it's usually offered for a finite period of time. Most importantly, it's completely optional for the employer (although workers' comp carriers don't see it that way).
Ninth Circuit weighs in on assistance with commuting as a reasonable accommodation.
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.
Must employer accommodate employee who doesn't have ride to work? (pdf).
The Third U.S. Circuit Court of Appeals, which hears appeals from
federal courts in Delaware, Pennsylvania, and New Jersey, recently
decided an employment accommodations case under the Americans with
Disabilities Act (ADA). The case offers some key reminders about best
practices when you're dealing with an employee's request for
accommodations under the ADA.
3d Cir. Finds Accommodation Required for Employee Without a Ride to Work.
Colwell v. Rite Aid Corp., is an accommodation case brought under the Americans With Disabilities Act (ADA), recently decided by the Third Circuit, which hears appeals from the federal courts of Delaware, Pennsylvania, and New Jersey. Jon Hyman, at the Ohio Employer's Law Blog, was the first to post about the Colwell opinion, noting that the decision offers employers some key reminders about best practices when dealing with an employee’s request for accommodations made pursuant to the ADA.
Accommodation Ideas.
Consultants from the Job Accommodation Network have compiled several ideas for accommodating individuals with particular disabilities, ranging from AIDS to Wheelchair Users.
