A recent federal district court decision is a good reminder that an
employer needs to explore all options before denying an
accommodation request, including whether it can go back to an
employment practice it has changed and applied to all similarly
situated employees. The recent case involved a nurse at a hospital
with a brain tumor. For years, she worked eight-hour shifts, which
were consistent with her medical needs. Over a period of time,
according to the hospital but disputed by the employee, the
hospital changed its shift practices and required all affected
employees to work 12-hour shifts.
The nurse submitted a note from her doctor saying she needed to
continue to work eight-hour shifts. The hospital denied the request
on the grounds that it could not make an exception for this
employee because there would not be proper team coverage for the
hospital's patients for the four hours of each shift that this
employee could not work. The hospital contended that the
