I Won’t Take That Sitting Down

Randi Klein Hyatt
Randi Klein Hyatt
07/06/2012

By Randi Klein Hyatt

The EEOC decided to file suit against a Rite Aid store who would not permit one of its cashiers with bad knees to sit for half of her shift. The store ultimately fired the cashier for being unable to perform the essential functions of her position. The EEOC and the cashier had suggested that the cashier be permitted to sit for 30 minutes of every hour that she worked. The trial court disagreed, finding such a request “per se” unreasonable under the ADA, because cashiers at thinly staffed stores were also expected to stock shelves, clean the store, and assist at the photo shop when they were not checking out customers at the register. And even though the store (when it was an Eckerd) had voluntarily accommodated the cashier by permitting her flexibility to sit, the court ruled it did not translate into a 30 minute per hour accommodation being reasonable. Further, the EEOC failed to prove how permitting the cashier to sit idly for half of her shift each day would enable her to meet and perform the essential functions of the job. EEOC v. Eckerd Corp. d/b/a Rite Aid, No. 10-2816 (N. D. Ga. July 2, 2012).

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