Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Colwell v. Rite Aid Corp., No. 08-4675

By FindLaw Staff on April 08, 2010 2:01 PM

Colwell v. Rite Aid Corp., No. 08-4675, concerned an Americans with Disabilities Act (ADA) action claiming constructive discharge based on plaintiff's partial blindness.  The court of appeals affirmed summary judgment for defendant in part, holding that no reasonable juror could find that the actions to which plaintiff referred made her workplace so unbearable that a reasonable person would have felt compelled to resign.  However, the court reversed in part where the ADA contemplated that employers may need to make reasonable shift changes in order to accommodate a disabled employee's disability-related difficulties in getting to work.

As the court wrote:  "Under the circumstances presented in this case, a reasonable jury could thus conclude that either party violated the duty to engage with good faith in the interactive process. Because genuine issues of material fact exist on that issue, we cannot affirm the grant of summary judgment on the basis that Rite Aid fully complied with the requirements of the ADA. A fact-finder must settle that dispute."

Related Resources

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard