Whether or not the nurses who were allowed to work eight-hour shifts were or were not disabled, an eight-hour shift actually was possible as a reasonable accommodation. UNITED STATES DISTRICT COURT DELAWARE August 25, 2015

  After treatment for a brain tumor a nurse was considered disabled due to residual problems with concentration, memory and sleep.

  Soon after her last surgery the physical rehabilitation facility where the nurse worked began transitioning from eight-hour to twelve-hour nursing shifts.

  The nurse requested, based on her disability, that she be allowed to continue  working eight-hour shifts.  Her request was denied and eventually she was terminated. The nurse then sued for disability discrimination.

  The US District Court for the District of Delaware let the nurse’s case go ahead.

  The nurse communicated with her supervisors by revealing her disability and requesting a specific accommodation. 

  The rehab facility argued that letting her go home after only eight hours would create a gap in nursing coverage from 3:00 p.m. to 7:00 p.m., a very busy time of the day.

  However, the telling evidence for the Court was that some nurses still were working eight-hour shifts even after the supposed transition to all twelve-hour shifts, which proved that the reasonable accommodation this nurse requested actually was possible.  Roberts v. Rehab, 2015 WL 5031961 (D. Del., August 25, 2015).

Additional references from nursinglaw.com

http://www.nursinglaw.com/workshifts.htm

http://www.nursinglaw.com/stress-depression-disability-discrimination.htm

http://www.nursinglaw.com/night-blindness-discrimination.htm

http://www.nursinglaw.com/disability-twelve-hour-shift.htm