Labor and Employment Law

Recent Posts

Telecommuting as Reasonable Accommodation? Sure, But Not in This Case
Posted on 28 Apr 2014 by Robin Shea

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... Read More

58,000 Reasons to Consider Telework as an ADA Reasonable Accommodation
Posted on 19 May 2015 by Eric Meyer

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... Read More

The Latest Guidance for Employers on Telecommuting as an ADA Accommodation
Posted on 13 Apr 2015 by Eric Meyer

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... Read More

Some Thoughts on Accommodations and Flexible Workplaces
Posted on 14 Apr 2015 by Jon Hyman

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... Read More

Telecommuting as a reasonable accommodation
Posted on 10 Aug 2012 by Jon Hyman

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... Read More

Sixth Circuit Vacates ADA Telecommuting Decision
Posted on 3 Oct 2014 by Steptoe & Johnson PLLC

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... Read More

Wage-and-Hour Implications For Telecommuting
Posted on 12 Aug 2014 by Steptoe & Johnson PLLC

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... Read More

More on telecommuting as a reasonable accommodation
Posted on 26 Oct 2012 by Jon Hyman

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... Read More

Is Telecommuting a Reasonable Accommodation, or Is It Not?
Posted on 23 Apr 2015 by Robin Shea

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”... Read More

Upon Further Review: Sixth Circuit Denies Telecommuting as Reasonable Accommodation
Posted on 24 Apr 2015 by Steptoe & Johnson PLLC

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... Read More

Sixth Circuit District Court Concludes Telecommuting Is Not a Reasonable Accommodation under the ADA
Posted on 8 Mar 2013 by Steptoe & Johnson PLLC

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... Read More