Third Circuit Revives Accommodation Case By Rite Aid Worker Unable to Drive at Night

Rite Aid may have violated the Americans with Disabilities Act when it denied a cashier’s requests for day shifts as an accommodation for her blindness in one eye, which made her unable to drive to work at night, the U.S. Court of Appeals for the Third Circuit held April 8 (Colwell v. Rite Aid Corp.).

The decision revives Jeanette Colwell’s failure-to-accommodate claims under the ADA and the Pennsylvania Human Relations Act, which is analyzed under the same legal standard as the ADA. With the support of the Equal Employment Opportunity Commission, she argued on appeal that a lower ...