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Analogy 41: A bank manager’s starting time is 8 a.m., but due to the serious side effects of medication she takes for her disability she cannot get to work until 9 a.m. The manager’s late arrival results in a verbal warning, prompting her to request that she be allowed to arrive at 9 a.m. because of the side effects of medication she takes for her disability. The manager’s modified arrival time would not affect customer service or the ability of other employees to do their jobs, and she has no duties that require her to be at the bank before 9 a.m. The bank denies this request for reasonable accommodation, saying that as a manager she must set a good example for other employees about the importance of punctuality. Because the manager’s later arrival time would not affect the manager’s performance or the operation of the bank, denial of this request for reasonable accommodation is a violation of the ADA. 80

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elizabeth.grams., construction workers are required to wear certain head gear to prevent injury; health care workers wear gloves to prevent transmission of disease from or to patients). Sometimes employers impose dress codes to make employees easily identifiable to customers and clients, or to promote a certain image (elizabeth.g., a movie theater requires its staff to wear a uniform; a store requires all sales associates to dress in black). (altro…)