This morning, the federal Sixth Circuit Court of Appeals affirmed summary judgment in favor of an employer on an ADA failure-to-accommodate claim. Regan v. Faurecia Automotive Seating, Inc., No. 11-1356 (6th Cir. 5-10-11). The employee objected to a change in her shift that would require her to drive in heavier traffic during her commute to and from work. The Court concluded that the ADA only requires an employer to eliminate barriers in the workplace and not external barriers. It was the employee’s choice to move 79 miles away from her employer and commute an extreme distance to work every day. Moreover, it found that the employer’s refusal to permit her to work through lunch – like male employees – so that she could leave an hour earlier was merely inconvenient and not material enough to constitute an actionable adverse job action.
In that case, the plaintiff suffered from narcolepsy and objected when her shift starting time was adjusted from 6 a.m. to 7 a.m. because she was driving 79 miles from home, this would put her in heavier traffic and she had trouble staying awake while driving in heavy traffic. The employer pushed back the shift because the materials needed for her to perform work did not arrive until after 6 a.m. Her supervisor told her to obtain FMLA leave or to resign. HR gave her FMLA forms to complete and said that it would discuss possible accommodations with her after she submitted the completed paperwork. The plaintiff obtained a note from her physician that he recommended a minimal commute and working hours of 6 a.m. to 3 p.m. The plaintiff never submitted the FMLA forms, but claims that she submitted the doctor’s note. When her shift starting time was changed, she resigned and filed suit.
The district court found that her narcolepsy did not constitute a disability and that the employer was not required to reasonably accommodate her commute. As stated by another court: “While an employer is required to provide reasonable accommodations that eliminate barriers in the work environment, an employer is not required to eliminate those barriers which exist outside the work environment.” The Sixth Circuit agreed:
[T]he Americans with Disabilities Act does not require [the employer] to accommodate [the employee’s] request for a commute during more convenient hours. Under the facts present here, her proposal of a modified work schedule for purposes of commuting during hours with allegedly lighter traffic is not a reasonable accommodation.The plaintiff also alleged sex discrimination because the employer had permitted male employees to work through lunch in order to leave early, but refused her permission to do the same. The Court found the denial of this request was a mere inconvenience that did not rise to the level of a materially adverse job action. It also rejected her allegation that she was constructively discharged.
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
