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EEOC v. Ford Motor Company (6th Cir. 2014)

Articles Discussing Case:

Employer Not Required by ADA to Permit Employee to Telecommute

FordHarrison LLP • April 23, 2015
Executive Summary: Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities Act (ADA) because her excessive absences prevented her from performing the essential functions of her job. Accordingly, the employer was not required to permit her to telecommute because doing so would excuse her from performing one of the essential functions of her job and, thus, was not a reasonable accommodation. See EEOC v. Ford Motor Company, (April 10, 2015).

Sixth Circuit Holds Telecommuting Not a Reasonable Accommodation Where Regular and Predictable On-Site Job Attendance is an Essential Job Function

Franczek Radelet P.C • April 15, 2015
Courts have repeatedly recognized that “regular job attendance” is an essential function of most jobs that need not be altered in order to reasonably accommodate a disabled employee. This common sense notion, however, has come under increasing scrutiny given the technological advancements that have made telecommuting and other remote working arrangements routine in many workplaces.

Is Telecommuting as a Reasonable Accommodation Under the ADA the New Norm?

FordHarrison LLP • April 30, 2014
Executive Summary: The Sixth Circuit recently held that a four day per week telecommuting arrangement could be a reasonable accommodation for a disabled employee, even though the employer determined, in its business judgment, that teleconferencing was an insufficient substitute for in-person work. The court noted that, given the state of modern technology, the class of cases in which an employee can fulfill all requirements of the job while working remotely has greatly increased, and it is no longer the case that jobs suitable for telecommuting are "extraordinary" or "unusual." See EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. Apr. 22, 2014).

Don’t panic about your telecommuting policy . . . unless you’re in the Sixth Circuit.

Ogletree Deakins • April 28, 2014
A recent decision by the 6th U.S. Circuit Court of Appeals seems to have sent many employers into a tailspin on whether and how often to allow employees to telecommute to fulfill job responsibilities. EEOC v. Ford Motor Company, 6th Cir., No. 12-2484, April 22, 2014. (FindLaw.com link.) However, at this point, it is too early to tell what kind of effect the decision will have on a wider basis.