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ADA Blog

 

ADA Blog #11

Is providing a chair for a cashier a reasonable accommodation? In Atlanta, EEOC brought a lawsuit against Eckerd Corp., a drug store chain doing business as Rite Aid, for refusing to provide a reasonable accommodation—a stool to sit on—to a long-time employee who had severe arthritic symptoms in her knees. The employee, who worked as a cashier with this accommodation for seven years without incident, lost the use of her stool in January 2009 when a new district manager decided the company would no longer provide this accommodation. According to the EEOC, the district manager “did not like the idea” that she used a stool. The lawsuit claimed she was terminated several weeks later because of the failure to accommodate her disability (EEOC v. Eckerd Corp., C.A. No. 1:10-cv-2816-JEC (N.D. Ga.)).

Courts have typically sided with employees who request seating as a reasonable accommodation since this accommodation, in general, does not create an undue hardship on the employer or fundamentally alter the nature of the job of a cashier.

Shelley