The ruling draws a sharp line on what counts as reasonable in fast-paced roles
A federal appeals court ruled a restaurant worker's request to sit five minutes after every ten minutes of standing was unreasonable accommodation under the ADA.
The Sixth Circuit delivered its decision on December 17, affirming what many HR professionals have long suspected: not every accommodation request passes muster, even when a worker has legitimate health concerns.
Tawna Bowles was hired for a cashier position at Chicken Salad Chick, a fast-casual chain specializing in chicken salad varieties. During her interview at the Crestview Hills, Kentucky location, she disclosed difficulty standing for long periods and said she would require an unspecified amount of rest while working. The hiring manager offered her the job before the interview even concluded, setting a start date of January 2, 2023.
But Bowles never actually started. When she arrived for her first shift, management turned her away, citing a paperwork issue. The problem was her accommodation request, which had triggered a message to Mary Lou Atkins, the company's human resources chief.
Atkins asked Bowles for medical documentation. Bowles complied, submitting a doctor's note requesting a chair for standing limitations due to knee arthritis. Atkins pressed for specifics: How long could Bowles stand? How often would she need to sit? For how long?
In early February, Bowles provided her answer. She wanted to stand for ten minutes,...
Fairfield Township (Essex) By: Richard L. Smith A Delaware-based company with operations in Fairfield, New Jersey, has agreed to pay nearly $2.9 million to settle allegations that it improperly o...