Employer may have duty to accommodate a disabled employee in her commute

Lexology
Sherman & Howard LLC
Theodore A. Olsen
USA
September 1 2011

In a case that could make landmark law, the Second Circuit Court of Appeals recently ruled that an employer may, depending on the circumstances, be obligated to make reasonable accommodation for a disabled employee's commute to and from work. Nixon-Tinkelman v. N.Y.C. Dept. of Health & Mental Hygiene, No. 10-3317-cv (2d Cir. Aug. 10, 2011). The decision reversed a lower federal court decision that an employer has no legal duty to accommodate a worker's commute, as the commute is "outside the scope" of the employee's job.
In Nixon-Tinkelman, the plaintiff - who has a hearing impairment, cancer, heart problems and asthma - was transferred from Queens to Manhattan for 13 months, during which she complained about problems associated with her commute. The Second Circuit held that possible accommodations for her may have been "transferring her back to Queens or another closer location, allowing her to work from home, or providing a car or parking permit." The Court's reference to the accommodation of working from home deviated from traditional disability accommodation law.

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