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Telecommuting as a reasonable accommodation

More than two years ago , I hypothesized that the breadth of the ADA's 2009 amendments would likely cover fringe medical conditions such as chemical sensitivities. I wrote: The ADA amendments are intended to make it much easier for individuals to demonstrate that they meet the definition of "disability...

More on telecommuting as a reasonable accommodation

Two months ago, I reported on Core v. Champaign County Board of County Commissioners , which, in denying a motion to dismiss, concluded that the employee's complaint had sufficiently pleaded the issue of whether the employer's decision to deny her request to telecommute as a reasonable accommodation...

Sixth Circuit District Court Concludes Telecommuting Is Not a Reasonable Accommodation under the ADA

by Lindsay M. Bouffard Marissa Mayer, Yahoo's recently appointed CEO, has come under fire for her decision to end Yahoo's telecommuting program. This drastic measure has Human Resources professionals wondering whether a blanket ban on telecommuting could have legal ramifications. Under...

Telecommuting as Reasonable Accommodation? Sure, But Not in This Case

As fellow employment law blogger Jon Hyman pointed out earlier this week, a court has come out with an aggressively pro-telecommuting decision in a disability discrimination lawsuit brought by the EEOC against Ford Motor Company. I am normally a card-carrying, flaming, bleeding-heart liberal when...

Wage-and-Hour Implications For Telecommuting

by Joseph U. Leonoro The practice of allowing employees to work from home – telecommuting – is a growing trend. After all, today’s technology allows employees to work from almost anywhere, and telecommuting can be beneficial for both employers and employees. For employers, telecommunicating...

Sixth Circuit Vacates ADA Telecommuting Decision

by Jami K. Suver In April 2014, the Sixth Circuit, in EEOC v. Ford Motor Co. , decided that telecommuting may be a reasonable accommodation under the ADA, even if the employer’s business judgment dictates otherwise [an enhanced version of this opinion is available to lexis.com subscribers] ...

The Latest Guidance for Employers on Telecommuting as an ADA Accommodation

If you’re in a rush, I’ll hit you with the punchline and save you the trouble of reading 1,000+ words of blog post: Telecommuting may be a reasonable accommodation under the Americans with Disabilities Act , except where regular attendance is an essential function of the job. For those...

Some Thoughts on Accommodations and Flexible Workplaces

I’ve been thinking a lot over the past three days about the flexibility that employers afford their employees. I am part of a family with two working professional parents (one of whom travels a great deal), and two young children. If I did not have flexibility in where I perform my job, my life...

Is Telecommuting a Reasonable Accommodation, or Is It Not?

Inquiring minds want to know! In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”? Which made me think of this: (I promise...

Upon Further Review: Sixth Circuit Denies Telecommuting as Reasonable Accommodation

by Andrew J. Barber We have written previously on this blog about the decision of a panel of the 6 th Circuit Court of Appeals (which covers Ohio, among other jurisdictions), which determined last year that an employee with irritable bowel syndrome who worked for Ford Motor Company should have been...

58,000 Reasons to Consider Telework as an ADA Reasonable Accommodation

Telework is among the array of possible reasonable accommodations under the Americans with Disabilities Act that may enable an employee with a disability to perform the essential functions of the job. Now, as a federal appellate court confirmed last month, there are situations in which telework is...