The Third Circuit has ruled that under the Americans with Disabilities Act “employers may need to make reasonable shift changes in order to accommodate a disabled employee’s disability-related difficulties in getting to work.” The case involved a Rite Aid worker who could not drive at night because of glaucoma and wanted a transfer to the day shift. [Colwell v. Rite-Aid, PDF, via Hyman]
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On a related note, I heard an ad on the radio yesterday for a “medical disorder” known as “shift work disorder” – http://www.shiftworkdisorder.com/
How long ’til employers are required to accommodate people who suffer from shift work disorder by moving them to day shift?
I despise working nights. Where do I sign up? :p
I don’t understand why monocular vision is more of a hazard at night.
Monocular vision = no depth perception. At night there is less other reference available to help compensate.
I’ll have to try driving with one eye closed tonight (not recommended).
to everyone hating on this..
um, seriously, is it so much to ask for a shift change? would you prefer her to get in an accident, or maybe just quit her job and live off of the public dole?
i know some people around here–and i know that doesn’t necessarily include anyone running this site–are morally opposed to any accommodations–but this is riduclous.
Aaron,
No, it is not so much to ask for a shift change. It is a rather large matter for that shift change to be granted.
In this case, there were union rules in place that guaranteed senior employees got the shifts they wanted. Naturally, the most popular shifts were the day shifts. The woman was not anywhere close to the top in seniority.
The company is between a rock and a hard place. They can accommodate the woman and break the union contract, or they can tell the woman “no” and risk the wrath of the suit that followed.
Part of what happened here is that there was a meeting scheduled between the woman, the union rep, and the store. The union rep failed to show, which meant that the store was back in “no man’s land.”
If the union rep had shown up at the meeting, this in all likelihood could have been resolved. Instead, he didn’t show, the woman got fed up and went after the store (who has more money than the union.)
Just out of curiosity, assume that you were working at the store, were a great employee and were working day shift as your union contract required.
One day the manager of the store comes up to you and says “we are moving you to nights.”
Would you rejoice and scream “Happy! Happy! Joy! Joy!”?
It is not that people are morally against any accommodations, but rather that people are unsure of accommodations that negatively affect them, the business or infringe on their rights and employment agreements.
There is only one fair, logical and consistent way to deal with these issues: Negotiation between employer and employee.
Repeal ADA!