Later Start Time as Accommodation for Schizophrenia Could Be Reasonable Based on Facts
The Second Circuit reversed and remanded an ADA accommodation case involving a city of New York employee. The employee in question is schizophrenic and takes medication which makes him drowsy in the morning. Due to this, his office accommodated him by allowing him to be late consistently for over a decade. However, his supervisor determined that it would no longer be possible for him to be late and multiple disciplinary actions ensued. The employee then brought suit against the city for violations of the ADA and various New York State and City Human Rights Laws. The district court granted summary judgment in favor of the city, holding that the requested accommodations were unreasonable. However, the Second Circuit reversed and remanded for more evidence, finding that the record did not provide sufficient evidence to determine if the requested accommodations were reasonable.
McMillan v. City of New York, No. 11-3932 (2d Cir. Mar. 4, 2013).