News & Analysis as of

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

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”?...more

Employers Can Decide That Physical Presence at the Workplace is an Essential Function

On April 10, 2015, the Sixth Circuit Court of Appeals issued its long-awaited en banc decision in Equal Employment Opportunity Commission v. Ford Motor Company following a vacated panel decision from April 2014 in which a...more

En Banc Sixth Circuit Decision Holds that Telecommuting Was Not a Reasonable Accommodation Under the Americans with Disabilities...

Last Friday, the Sixth Circuit Court of Appeals sitting en banc held that telecommuting up to four days a week was not a reasonable accommodation under the ADA for a disabled Ford Motor Co. employee. The decision, EEOC v....more

6th Circuit: Telecommuting Not a Reasonable Accommodation

On Friday, the United States Court of Appeals for the Sixth Circuit issued its decision in EEOC v. Ford Motor Company, No. 12-2484, 2015 WL 1600305 (6th Cir. Apr. 10, 2015), an ADA case involving telecommuting as a reasonable...more

Pregnancy Discrimination Claims after Young v. UPS

It was a difficult delivery, but the Supreme Court in Young v. UPS gave birth to a new test in determining whether an employer has violated the Pregnancy Discrimination Act (“PDA”)....more

En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position

In May 2014, we reported on an opinion of a divided panel of the Court of Appeals for the Sixth Circuit embracing the position of the Equal Employment Opportunity Commission (EEOC) that virtual full-time telecommuting could...more

Unreasonably Sporadic Telecommuting

One year ago, we reported on the Sixth Circuit’s ruling that telecommuting could be a reasonable accommodation for a resale steel buyer at Ford suffering from irritable bowel syndrome. There, the employee requested to...more

More Road Rules: Telecommuting as a “Reasonable Accommodation” Under ADA Gets an Update

Last year, my colleague Gabe Jiran, had a series of posts on telecommuting as a possible reasonable accommodation. In one post, he reported on a Sixth Circuit decision that allowed an employee (and EEOC) to proceed to trial...more

Supreme Court's Decision in Discrimination Case Creates New Standard, Prompts Review of Employers' Pregnancy Accommodation...

The U.S. Supreme Court has revived a pregnancy discrimination lawsuit brought by a part-time employee who had been placed on unpaid leave while she was expecting a baby – a decision that puts employers on notice that they...more

The EEOC and preferential treatment for pregnant employees

Examples of pregnancy-related impairments employers should consider and some common ADA accommodation requests Does the EEOC expect preferential treatment for pregnant employees? Originally published in Inside...more

Labor and Employment: The Supreme Court Addresses Pregnancy Accommodations Under Title VII (4/15)

On March 25, the U.S. Supreme Court issued its much anticipated decision in Young v. United Parcel Service, Inc., which centered on whether UPS unlawfully discriminated against a pregnant employee by denying her a light-duty...more

Supreme Court Ruling Increases Potential Liability for Employers Failing to Accommodate Pregnant Employees

On March 25, 2015, the Supreme Court reinstated a pregnancy discrimination suit that the Fourth Circuit Court of Appeals had previously decided in favor of the employer. ...more

Supreme Court Creates New Framework for Deciding Pregnancy Discrimination Claims

What you need to know: The US Supreme Court recently decided a case where it created a new framework for proving pregnancy-related discrimination, making it easier for cases to reach a jury....more

U.S. Supreme Court Ruling Opens the Door to Interpretation of Pregnancy Discrimination Act

The U.S. Supreme Court’s March 25 ruling reviving a pregnancy discrimination suit is important to employers because it opens the door to a broader interpretation of the rights provided under the Pregnancy Discrimination Act...more

Supreme Court Clarifies Framework for Proving Discrimination Under the Pregnancy Discrimination Act

The Supreme Court recently clarified the framework that applies to certain claims for accommodations under the Pregnancy Discrimination Act (the “PDA”). The case, Young v. United Parcel Service, Inc., was a partial victory...more

Pregnancy Accommodation FAQs For Employers

What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service?...more

Potential Pitfalls of Terminating an Employee who Requests Extended Leave

An employee who requests time off due to a medical or disability-related issue may have rights under the Family and Medical Leave Act or FMLA, the Americans with Disabilities Act or ADA and state and local corollaries to...more

Supreme Court Clarifies Test for Accommodating Pregnancy Limitations

The United States Supreme Court recently established a new test to evaluate whether an employer discriminates against a pregnant employee under the Pregnancy Discrimination Act (PDA) when it denies an accommodation or...more

Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....more

Supreme Court Delivers New Life to Pregnancy Discrimination Act Claim

In an eagerly awaited ruling expected to provide greater guidance on an employer’s obligation to accommodate pregnant employees, last week the U.S. Supreme Court established the standard an employee must meet to state a...more

The Supreme Court's Opinion in UPS v. Young

In an update to a previous post, the highly anticipated United States Supreme Court decision in UPS v. Young was announced last week. In a 6-3 decision, the Court vacated rulings of the district court and the Fourth Circuit...more

Pregnancy: Employers’ newest “accommodation obligation”

A divided U.S. Supreme Court decided last week that employers covered by the Pregnancy Discrimination Act (part of Title VII) may be required to make reasonable accommodations for work restrictions caused by pregnancy and...more

Supreme Court Crafts Modified McDonnell Douglas Analysis to Handle Pregnancy Discrimination Claims

On March 25, 2015, the Supreme Court of the United States issued a long-awaited decision in Young v. United Parcel Service, Inc., wherein the Court vacated the Fourth Circuit’s decision to affirm UPS’s successful motion for...more

Supreme Court Limits Employers' Ability to Distinguish Between Causes of Work Restrictions When Denying Accommodations to Pregnant...

On March 25, 2015, the U.S. Supreme Court announced its decision in the much-awaited Young v. United Parcel Service, Inc. pregnancy discrimination case, as we first reported in our Supreme Court Decides Young v. United Parcel...more

Anxiety over Reasonable Accommodation under the ADA for Social Anxiety Disorder

Employers might be just a bit more anxious after learning that the Equal Employment Opportunities Commission (“EEOC”) defined the “ability to interact with others” as a major life activity, bringing social anxiety disorder...more

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