Must You Accommodate a Worker’s Anxiety about Commuting?

A federal appeals court said no. The case involved an employee who experienced anxiety and panic attacks. She requested a modified work schedule (leaving the office at 2 pm to avoid heavy traffic) under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The job required her to be in the office and the company tried to work with her concerns (e.g., adjusting her hours to 7 to 4), but she was adamant and wouldn’t try; she wouldn’t explore using public transportation. Her claim of firing for retaliation was not upheld; she was terminated for excessive absenteeism.


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