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May 19, 2010

Shift change may be a reasonable accommodation under ADA

Colwell v. Rite Aid Corp.,

If a disabled employee asks for a different shift as an accommodation, you should carefully consider the request and document your reasoning. Often, the person making the request has lower seniority than the people who are already on the desired shift. You don’t have to violate a strict seniority clause in a labor agreement or in your own company policy. But you may have to ask whether more senior employees would be willing to trade. For more information, see our Legal Guide, “ADA and Seniority” (2538).

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.
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