A full-time sales associate for Kohl’s Department Stores, Inc., Pamela Manning worked predictable shifts starting no earlier than 9 a.m. and lasting no later than 7 p.m. Kohl’s carried out a nationwide staff restructuring which cut the hours for Manning’s department. She kept her hours by working in other departments as needed. Her schedule became unpredictable and she had to work some swing shifts—a night shift, then an early shift the next day. She told Michelle Barnes, her supervisor, that working variable shifts aggravated her diabetes, threatening her health. Her doctor wrote Tricia Carr, the store manager, asking that Manning be assigned “a predictable day shift.” Carr found out swing shifts could be eliminated, but Manning would have to work some nights. Manning met with Barnes and Carr, who told her the “higher ups” said she could not work only days. Manning said she had no choice but to quit since she would go into ketoacidosis or a coma with erratic hours. She put down her store keys, walked out, and slammed the door. Carr asked her to reconsider and consider other accommodations. Manning said, “Well, you just told me Corporate wouldn’t do anything for me.” She did not discuss other accommodations, but cleaned out her locker and left. Carr phoned her ten days later. She asked Manning to reconsider quitting and other accommodations saying she would ask the corporate office about accommodations. Not hearing anything from Manning, Kohl’s terminated her. Manning filed an ADA discrimination claim. Should she recover?

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Step 1 of 2 A Americans with Disabilities Act ADA prevents employers from showing an... View the full answer