Second Circuit finds that employers may be obligated to accommodate a disabled employee's commute

Lexology.com
Sheppard Mullin Richter & Hampton LLP
James R. Hays and Jonathan Sokolowski
USA
October 11 2011

The Second Circuit Court of Appeals has held that under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act, employers may be required to assist disabled employees with their commute.
In Nixon-Tinkelman v. N.Y. City Dep’t of Health & Mental Hygiene, No. 10-3317-cv, 2011 U.S. App. LEXIS 16569 (2d Cir. N.Y. Aug. 10, 2011), plaintiff Barbara Nixon-Tinkelman (“Plaintiff”), who has cancer, heart problems, asthma, and is hearing impaired, brought suit under the ADA and the Rehabilitation Act alleging that the New York City Department of Health & Mental Hygiene (“Defendant” or “DOHMH”) failed to reasonably accommodate her disability. Specifically, following her transfer from Queens to Manhattan, Plaintiff requested that DOHMH accommodate her commute by transferring her back to an office location closer to her home in Queens. DOHMH ultimately denied Plaintiff’s request.

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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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Ads Educate C-Suite About Disability Diversity

Workforce Management
The national campaign is designed to change the perception of hiring disabled employees, with print ads poking fun at the foibles of a typical worker. By Mark Schoeff Jr.
February 2010

With the unemployment rate hovering in double-digit territory, it’s difficult for many people to find a job. It’s an even bigger challenge for Mark Karner, a polio survivor who uses a wheelchair and ventilator.
His disability limits the kinds of jobs he can perform. Wheelchair access is often the first stumbling block when he inquires about an opening.
“Half of them don’t even know what that means,” says Karner, who has been job hunting since September. “That’s really held me back. There’s still a lot of discrimination out there.”

Full Story: http://www.workforce.com/section/hr-management/feature/ads-educate-c-suite-about-disability-diversity/index.html