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
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
Arbitration Clauses In International Commercial Disputes
Arbitration clauses contained in international commercial contracts – those involving parties domiciled in different countries and dealing with the cross-border supply and distribution of goods or services – are afforded more liberal construction by U.S. courts. Thanks to a United Nations Convention adopted by 144 countries, disputes arising out of or related to an international commercial contract containing a properly-drafted arbitration clause are highly likely to be arbitrated in the place specified in that clause, notwithstanding the creative legal maneuvers of an unwilling party. Surprisingly, the same cannot always be said of arbitration clauses in domestic commercial contracts. Courts Engage in Limited Inquiry Under UN Convention The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards[1. 9 U.S.C. §§201 et seq.; 21 U.S.T. 6997 (1970).] (the … [Read more...] about Arbitration Clauses In International Commercial Disputes
No End-Around for the At Will Employee
The general rule in New York is that an employee who does not work under an agreement for a definite term of employment is an “at-will” employee: She or he may be terminated at any time, with or without cause, for any reason whatsoever. Earlier this year, New York State’s highest court reaffirmed this general rule, and made a clear showing that it will guard closely against efforts to encroach on it. In Smalley v. Dreyfus Corp., 10 N.Y.3d 55, 853 N.Y.S.2d 270 (2008), the plaintiffs were a group of employees at the Taxable Fixed Income Group at Dreyfus. Each employee was hired at different times over a three year period. Both prior to and during their employment, rumors had been circulating that this group might be merged with another fund management company. Allegedly, the employees asked repeatedly about these rumors, and allegedly, these rumors were repeatedly and flatly denied. … [Read more...] about No End-Around for the At Will Employee
International Scope
Vincenti & Vincenti has extensive experience in providing legal counseling on an international level, both to overseas businesses planning to venture into U.S. markets and to U.S. companies operating multi-nationally. … [Read more...] about International Scope