ADA accommodations may include modifying schedule for easier commute

Many factors come into play when employers set work hours for employees, including such things as operational requirements or customers’ needs. On occasion, though, employees may request a modified work schedule to accommodate a health issue or disability.

Vision impairment and the job

James Kimmons worked for Charter Communications at its Milwaukee, Wisconsin, call center. To handle customer inquiries, his job required him to work on-site at the call center. He lived an hour away in Racine and worked a noon to 9pm shift.

Kimmons, who was diagnosed with cataracts, experienced glares and blurred objects in low-light conditions. Seeing in the dark became difficult, and his optometrist recommended that he not drive at night.

Request for modified work schedule

To avoid a nighttime commute, Kimmons asked his employer to allow him to begin work and end work earlier each day. Charter agreed, modifying his schedule so that he worked a 10am to 7pm shift. This permitted him to be off the highways after dark. However, his employer only approved the modified work schedule for 30 days.

As the end of the 30-day period neared, Kimmons requested another 30 days of modified hours while he tried to move closer to the call center. Charter immediately rejected his request, telling him that the Americans with Disabilities Act (ADA) didn’t require it to assist with his commuting challenges.