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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11290
Experience:  Significant experience in all areas of employment law.
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I have a rare eye disease that will progressively get to the

Customer Question

I have a rare eye disease that will progressively get to the point where I will be legally blind. As of right now my doctor has taken away my driving privileges for when it is dark. I work swing shift which is 230-11pm. I depend on a ride to and from work. Is it a reasonable accommodation for my employer to provide a shift that I can drive myself to work.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Whether a particular accommodation is "reasonable" depends on all the unique facts and circumstances. Ultimately the question comes down to whether the accommodation would impose "substantial difficulty or expense" on the employer. This is something a jury would have to decide.

Although the determination would be a jury's to make, I can tell you rather unequivocally that the simple fact a shift is not offered to others would not be sufficient to prove an accommodation is unreasonable. The entire idea of an accommodation is that it is a special modification in job duties not offered to others. By the logic of your employer, virtually no accommodation would be reasonable. Unless your employer can articular some legitimate reason why this shift accommodation imposes undue difficulty or expense on their business--something beyond simply being "unfair" to other employees, the accommodation would likely be determined "reasonable" by a jury. That means your employer would be in violation of the ADA by not offering it to you.

If your employer still refuses to grant the accommodation request, the next step would be to file a complaint with the Equal Employment Opportunity Commission, which is the federal agency and "gatekeeper" of the Americans With Disabilities Act. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 4 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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