Employer’s Obligation to Accommodate an Employee’s Commute
By Gail I. Cohen, Esq.
Assistant General Counsel, Employment & Litigation
Matrix Absence Management
Does the employer’s duty of accommodation under the Americans with Disabilities Act (ADA) extend beyond the workplace to the employee’s commute? Unrein v. PHC–Fort Morgan, Inc., 2021 WL 1307873 from the 10th Circuit U.S. Court of Appeals provides some helpful guidance.
Joan Unrein worked as a dietitian for Colorado Plains Medical Center and lived in a rural town 60 miles away. For most of her tenure, this lifestyle choice was not a problem. When her eyesight began to fail, however, and she relied on others for her work commute, problems arose. Unrein requested a flexible work schedule to simplify her commute issues. Her employer agreed with important conditions, including that she work with her supervisor on her schedule and that she perform the majority of her work on-site. The facility reserved its right to revisit its decision if problems arose with patient safety or unreasonable burdens on coworkers.
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