In Colwell vs. Rite Aid Corporation Case Summary, defense counsel offered a novel defense that the court quickly rejected. A Rite Aid clerk with glaucoma asked to be moved from the night shift to the day shift because she felt driving at night was unsafe given her vision; management denied the request, citing fairness to other employees and seniority rules.
Rite Aid argued that the employee did not need an accommodation while at work and that providing transportation or making it safe for her to get to work was not the employer’s responsibility. The court dismissed that position and treated a schedule change as a reasonable accommodation, as explained in a published opinion and summarized in the Colwell vs. Rite Aid Corporation Case Overview.
Here is the relevant ADA language on reasonable accommodation:
“The term ‘reasonable accommodation’ may include (a) making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities; and (b) job restructuring, part-time, or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustments or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters and other similar accommodations for individuals with disabilities.”
As a side note, the employee resigned and claimed constructive discharge due to the failure to accommodate. The court agreed she was entitled to accommodation but did not find constructive discharge because she made little effort to resolve the accommodation issue before quitting.
Courts have emphasized that employers must engage in an interactive process to identify reasonable accommodations unless providing them would cause an undue hardship. Employers who prematurely conclude an accommodation is an undue burden can be found at fault; courts will examine the entire record to determine whether bad faith or poor communication caused any breakdown in the process.
Lesson: Employers should engage in the interactive process, consider schedule changes as potential reasonable accommodations, and evaluate undue hardship only after attempting accommodations. For more practical guidance on workplace accommodations and employee rights, see Understanding Reasonable Accommodations and Employee Rights. If you need help applying this guidance to your situation, talk to an agent.
Frequently Asked Questions
What counts as a reasonable accommodation under the ADA?
Reasonable accommodations can include modified schedules, reassignment, equipment changes, and other adjustments that allow an employee with a disability to perform essential job functions without imposing undue hardship on the employer.
Does an employer have to change an employee’s shift for a disability?
Often a shift change can be a reasonable accommodation, but the employer may refuse if it can show the change would cause undue hardship to business operations.
What should an employee do before claiming constructive discharge?
An employee should communicate clearly, request accommodations in writing if possible, and participate in the interactive process before resigning to support any constructive discharge claim.
How should employers document the interactive process?
Employers should record communications, accommodation proposals, reasons for denials, and any analysis of undue hardship to demonstrate a good-faith effort to find effective accommodations.