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Under the ADA, employers do not have to transport employees with disabilities to and from work unless the employer provides employee transportation to and from work as a perk of employment for all employees. Transportation to and from the workplace is generally the responsibility of the employee, but sometimes employees with disabilities are unable to drive and need to find alternative transportation. A good resource for individuals whose disabilities interfere with driving is the local center for independent living (CIL). A CIL will often know what transportation is available in the community.
Although employers generally do not have to provide transportation to and from work, when an employee’s disability interferes with the ability to commute to work, employers may have to provide other accommodations such as changing an employee’s schedule so he can access available transportation, reassigning an employee to a location closer to his home when the length of the commute is the problem, or allowing an employee to telecommute.
Situations and Solutions:
The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.
An individual contacted JAN to locate accessible transportation in his area.
The JAN representative referred her to her local Center for Independent Living.
An applicant lets his prospective employer know that he uses public transportation to get around as he cannot drive.
The individual discloses that he has spina bifida. The employer agrees to allow the individual to have flexibility in his schedule if he is hired so that the individual can work around the public transportation schedule.
An employee with anxiety and a driving phobia takes public transportation to work.
After a company restructure, the employee was moved to work in a new location that would necessitate a lengthy commute involving two buses and a train. She disclosed her disability and asked for accommodations. She was accommodated by remaining at her current location, with a change in supervisor to the one who would oversee the employees in that location. Although her current supervisor was going to the new location, her job would remain the same.
A frequent airline passenger had difficulty with her air travel.
She felt that the way she was moved from the airplane to the airport was endangering her safety. JAN referred her to the U.S. Department of Transportation.
A consultant with Parkinson’s disease was having difficulty getting to work on time.
He was accommodated with flexible scheduling so he could use public transportation.