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

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).