ADA-EEOC Charge

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7^th Circuit Court of Appeals

Case Name: EEOC v. Charter Communications, LLC

Case No.: 22-1231

Officials: Wood, Hamilton, and St. Eve, Circuit Judges.

Focus: ADA-EEOC Charge

Kimmons was diagnosed with early cataracts affecting the center of his vision, which might make him eligible for surgery. Due to this condition, an optometrist advised him to avoid driving at night. However, Kimmons faced a challenge as he lived in Racine and worked at Charter’s Milwaukee call center, requiring a one-hour drive each way. To address this issue, Kimmons requested Charter to modify his work schedule, so he could avoid driving at night. After some negotiation, Charter allowed him to start work at 10:00 AM and end at 7:00 PM for a trial period of 30 days.

As the 30-day period neared its end and Kimmons was still unable to find a closer place to live, he asked Charter to extend his modified schedule further. Charter declined citing that “assistance with your commute” was not mandated under the Americans with Disabilities Act (ADA).

In response, Kimmons took legal action and filed an EEOC charge under the ADA, specifically citing Section 12112(b)(5). The district court ruled in favor of Charter, stating that Kimmons did not require any accommodation to perform his essential job functions effectively. However, the Seventh Circuit overturns this decision, emphasizing that there is no fixed rule to determine when an employee’s disability interferes with essential job attendance and whether specific accommodations are reasonable. Nonetheless, if a qualified individual’s disability significantly hinders their ability to commute and attendance at work is an essential function, the employer may be obligated to provide a commute-related accommodation, if it is reasonable under the given circumstances.

Reversed and Remanded.

Decided 07/28/23

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