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).
Ogletree Deakins • April 21, 2015
An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, No. 13-2212 (March 12, 2015).
Littler Mendelson, P.C. • April 17, 2015
The Equal Employment Opportunity Commission has issued a proposal to provide guidance on how to structure an employee wellness program without running afoul of the Americans with Disabilities Act. The proposed rule would amend ADA regulations and interpretive guidance as they apply to programs that use incentives to encourage employee participation in programs that may include disability-related questions and/or medical examinations.
Constangy, Brooks, Smith & Prophete, LLP • April 17, 2015
Inquiring minds want to know!
Ogletree Deakins • April 16, 2015
On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a divided panel had reversed a district court’s summary judgment award in Ford’s favor.
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.
Constangy, Brooks, Smith & Prophete, LLP • April 15, 2015
Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission. The decision is a big win for Ford, and for all employers.
Fisher & Phillips LLP • April 03, 2015
Qualified individuals, reasonable accommodations, undue hardship, fundamental alteration – these terms associated with the Americans with Disabilities Act (ADA) are a far cry from the simplicity of the ABCs, and cause much confusion for schools tasked with complying with the statute. But there can be no question that compliance with the ADA is the subject of increased interest to federal and state governmental agencies nationwide, and that more and more individuals are exercising their rights under the ADA, particularly when it comes to seeking reasonable accommodations.
Goldberg Segalla LLP • March 31, 2015
The Americans with Disabilities Act (ADA) is designed to protect people with disabilities from discrimination in the workplace. Under the ADA, an employer must provide a reasonable accommodation to an employee with a disability if the employee requests an accommodation. Employers should take note of a recent decision that includes a new class within the definition of disability. In Jacobs v. N.C. Administrative Office of the Courts, the court reversed the district court and found that social anxiety disorder is a protected disability under the ADA.
Ogletree Deakins • March 23, 2015
An employee fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her “social anxiety disorder” is being allowed by the 4th U.S. Circuit Court of Appeals to take her case to a jury. Jacobs v. N.C. Administrative Office of the Courts, 4th Circ., No. 13-2212, March 12, 2015.