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Accommodating the Commute
February 12, 2013
In Regan v. Faurecia Automotive Seating, Inc., 679 F.3d 475 (6th Cir. May 10, 2012), the plaintiff suffered from narcolepsy. While working for defendant, plaintiff testified that her commute to work took between two and four hours. In 2008, defendant determined that plaintiff's work schedule – 6:00 a.m. to 3:00 p.m. – was not productive. As a result, defendant changed her work schedule to 7:00 a.m. to 4:00 p.m. Plaintiff informed defendant that her narcolepsy would make it difficult to work the new hours because she would be commuting in heavier traffic (in her deposition she testified she gets tired quickly in heavy traffic). Consequently, plaintiff requested she be permitted to continue working from 6:00 a.m. to 3:00 p.m. or to work from 7:00 a.m. to 3:00 p.m. without a lunch break. Defendant informed plaintiff she could either take leave under the FMLA or quit. Plaintiff subsequently resigned her employment and filed a lawsuit alleging, among other things, violations of the ADA. Plaintiff subsequently resigned her employment and filed a lawsuit alleging, among other things, violations of the ADA.
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