A man diagnosed with schizophrenia worked for New York City as a case manager. He took medication that made him drowsy and sluggish in the morning. Even though the agency he worked for had a flex-time program that allowed employees to start work between 9:00 and 10:00 a.m. and to leave work anytime between 5:00 and 6:00 p.m. (a one-hour lunch break was required under a collective bargaining agreement), the man was frequently late to work. Supervisors ignored his tardiness for over 10 years, allowing him to make up hours by working later. However, it was eventually decided that he would have to start reporting to work on time. The man checked with his doctor, who confirmed that it was important for him to take his medication at that same time in the morning. He requested that he be allowed to come in later, but make up time by working through lunch and/or by working past 6:00 p.m. (the agency was open until 10:00 p.m.).

The agency refused these requests, citing the labor agreement’s lunch break requirement and the fact that managers left at 6:00 p.m. The tardiness continued and the man was suspended for 30 days without pay. He sued. What should the court decide? Why?