This post was co-authored by Labor + Employment Group lawyer Christopher Costain.
While employers are typically aware of their obligations to engage in the interactive process in response to reasonable accommodation requests due to disability under federal and state law, employers may not be aware of one specific accommodation request that may be on the rise of late – commuting accommodations. For example, an employee may request to work remotely or under a hybrid schedule based on a medical condition. While such accommodations may be typically associated with remote or hybrid work schedule arrangements, employers may receive other requests such as changes to work schedule or hours among others. Therefore, the question remains – are employers required to accommodate requests related to their daily commute?
Commuting Accommodations Under the ADA and Equivalent State Law
Whether an employer must provide a reasonable accommodation to an employee with a disability in connection with their commute to work under applicable law is a legal issue that has evolved in recent years. Historically, an employee’s length and means of commute were considered outside the employer’s control and therefore, typically, employers were not required to provide reasonable accommodations with regard to employee commutes. However, court decisions in recent years, especially after COVID-19, have held that, in certain circumstances, employers may have an obligation to accommodate an employee in relation to their commute.
Recent Nationwide Court Decisions and Federal Agency Guidance
In 2023, the U.S. Court of Appeals for the Seventh Circuit held, in EEOC v. Charter Communications, 75 F.4th 729 (7th Cir. 2023), that the employer was required to provide a schedule accommodation to an employee who experienced difficulty driving at night due to a vision impairment. The Charter Court found that, because the employee’s disability substantially interfered with his ability to travel to and from work, and because commuting to work was a prerequisite to the essential job function of attendance, the employee was entitled to a work schedule accommodation that would allow him to drive only during the daytime. The court also took note of the fact that the employee experienced difficulty in accessing the workplace because of their work schedule, over which the employer had control as it related to scheduling the employee for shifts throughout the week. The court distinguished the plaintiff’s need for a commute accommodation from other cases in which employees were not entitled to accommodations based on the fact that they lived far from the workplace, a variable that was within the employee’s control.
The federal Equal Employment Opportunity Commission issued guidance in February 2026 reiterating the Charter Court’s holding, providing that employers may be required to consider flexible work schedules to enable a qualified employee with a disability to effectively accomplish their commute and access the workplace.
Additionally, in 2025, the U.S. Court of Appeals for the Second Circuit held, in Tudor v. Whitehall Central School District, 132 F.4th242 (2d Cir. 2025), that employees may be entitled to a reasonable accommodation even if they are able to perform their essential job functions without an accommodation. Therefore, the fact that an employee is able to perform their essential job functions once they arrive at the workplace and irrespective of their commute, does not foreclose the possibility that they may be entitled to a commuting accommodation, such as a schedule adjustment so the employee may use public transportation or drive during the daytime, to allow them to get to and from work with less difficulty.
Key Takeaways for Evaluating Requests for Commute Accommodations
In all cases, the employee’s requested commute accommodation must be: 1) reasonable; 2) related to the employee’s ability to perform their essential job functions (as opposed to simply providing a personal benefit to the employee or eliminating a perceived inconvenience to the employee); 3) it cannot eliminate an employee’s essential job function; and 4) it cannot pose an undue hardship on the employer. Manufacturers should also consider the nature of the employee’s difficulty in commuting to work, including whether the employee or the employer have control over the variables that are causing that difficulty. In addition to engaging in the interactive process with employees who request reasonable accommodations, manufacturers should ensure that requests for reasonable accommodations are reviewed carefully by human resources professionals, that employees are asked to clarify the nature of their request when necessary, and that employees provide sufficient medical documentation to support their request.
Although employees decide where and how far away from the workplace they live, employers decide how to manage the schedule and should be prepared to review employee requests for commuting accommodations with these key legal principles in mind. Manufacturers should also consult competent employment counsel for assistance with ensuring compliance with federal and state anti-discrimination laws and other important employment law issues.