By Julia Belagorudsky, Esq. The Sixth Circuit, en banc, recently reversed its previous decision, and held that Ford did not fail to reasonably accommodate an employee by denying her request to telecommute and did not retaliate against her for bringing the issue to the EEOC’s attention.[1. EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc; 8-5 decision). The en banc ruling was an 8-5 decision.] The court found that the ADA “does not endow all disabled persons with a job – or job schedule – of their choosing.”[2. Id. at 757.] The facts of the case are detailed in the January 2, 2015 blog post, “When An Employee’s Home Is His Castle. . . And His Office – Telecommuting and Employer Responsibilities Under the ADA.” To summarize: Jane Harris worked as a resale steel buyer for Ford Motor Company and suffered from irritable bowel syndrome (IBS). As a resale steel buyer, … [Read more...] about A Follow-Up to “When An Employee’s Home is His Castle. . . and His Office” – The Sixth Circuit Reconsiders Telecommuting as a Reasonable Accommodation
Archives for 2015
When An Employee’s Home Is His Castle… And His Office – Telecommuting And Employer Responsibilities Under the ADA
by Julia Belagorudsky, Esq. “I would like to work from home one or two days per week. I have a medical condition, and it would be helpful to my situation if I could telecommute.” This is not an uncommon request, and while the answer, or at least what the answer that complies with the law, has never been black and white, it has recently become far less certain. This brief article explores the fundamental assessments an employer must make before responding to an employee’s telecommuting request. The Americans with Disabilities Act (ADA), the federal law governing the provision of “reasonable accommodations” for individuals with disabilities, does not mandate that the employer offer the exact accommodation requested by the employee.[1. The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (2008). The ADA provides a right to a reasonable accommodation, but does not … [Read more...] about When An Employee’s Home Is His Castle… And His Office – Telecommuting And Employer Responsibilities Under the ADA