Telecommuting Americans with Disabilities Act

Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and... more +
Telecommuting is an employment relationship whereby employees do not commute to a central office location, but instead work remotely using technology to communicate and share information with colleagues and employers. Telecommuting arrangements often vary depending on the workplace. In some arrangements, employees may never come into a central office. While in others, employees may only telecommute a few days per week or month.  Telecommuting can lead to greater employee satisfaction and productivity; however, some employers may find that working frequently outside the office diminishes team building and brainstorming. In addition, allowing telecommuting may implicate certain workplace legal issues.  less -
News & Analysis as of

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

Should telecommuting be a reasonable accommodation?

Increased use of telecommuting reflecting flexibility in the workplace has been the trajectory for many businesses, especially those in technology markets. Then Yahoo CEO Marissa Mayer decided to take a very different stance...more

Quirky Question #232, We Can Require Our Employee To Work At The Office, Right?

Question: We are a medium-sized Minnesota employer. Our lead accountant recently spoke with our Director of Human Resources and requested to work from home several days a week due to a medical condition. We believe...more

Is Telecommuting a More ‘Reasonable’ Accommodation Under the ADA?

On April 22, 2014, the Sixth Circuit Court of Appeals in EEOC v. Ford Motor Company reviewed whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability....more

Home Sweet Home: 6th Circuit Rules that Showing up for Work is not Required

Changes in telecommuting practices may be around the corner for many employers, as the recent 2-1 decision in EEOC v. Ford Motor Co., 2014 FED App. 0082P (6th Cir. 2014) may usher in significant changes in what constitutes a...more

Fifth Circuit Finds Attendance to be Essential Job Function

In recent years, the Equal Employment Opportunity Commission has taken the position that regular job attendance may not be an essential job function under the Americans with Disabilities Act. Under the ADA, employers are...more

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace

In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently held that telecommuting may be a reasonable accommodation under the Americans with...more

Fenwick Employment Brief - May 2014

Disability Accommodation Through Telecommuting More Reasonable In Modern Workplace - In EEOC v. Ford Motor Company, the federal Sixth Circuit appellate court (covering Kentucky, Michigan, Ohio, and Tennessee) recently...more

Sixth Circuit Sides With EEOC And Holds That Telecommuting May Be A Reasonable Accommodation Under The ADA

In EEOC v. Ford Motor Co., the U.S. Court of Appeals for the Sixth Circuit held that a jury will determine whether Ford was required to allow an employee with irritable bowel syndrome to telecommute as a reasonable...more

Employment Law - May 2014

Telecommuting May Constitute A Reasonable Accommodation Under The ADA - Why it matters: Telecommuting may constitute a reasonable accommodation under the Americans with Disabilities Act, the 6th U.S. Circuit Court of...more

Telecommuting May Be a Reasonable Accommodation under the ADA

Modern technology has dramatically changed the way we do business both in and out of the office. While regular attendance can be an essential function of many jobs, telecommuting is a viable option for others. In fact, there...more

Advances in technology require another look at telecommuting as a reasonable accommodation

The Sixth Circuit Court of Appeals revived an Americans with Disabilities Act (ADA) suit brought on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a...more

What's the One Thing Every Company's Telecommuting Policy Must Include?

If, under certain circumstances, employers are required to accomodate remote work, what essential elements should be included in any company's Telecommuting Plan? ...more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

Can Telecommuting Be A Reasonable Accommodation Under The ADA?

Last month, in EEOC v. Ford Motor Company, the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) held for the first time that employers may be required to permit employees to telecommute as a...more

New Decision Highlights Courts' Growing Acceptance of Telecommuting as ADA Accommodation

When the Americans with Disabilities Act became law in the early 1990s, employers and federal courts were confronted with claims by disabled employees that telecommuting should be recognized as a required form of reasonable...more

Do Employers Have To Offer Telecommuting As A Reasonable Accommodation?

Regular attendance is an essential function of most jobs. Thus, employers generally do not have to accommodate employees whose disability prevents them from regularly attending their job....more

Is Telecommuting As A Reasonable Accommodation Under The ADA The New Norm?

Executive Summary: The Sixth Circuit recently held that a four day per week telecommuting arrangement could be a reasonable accommodation for a disabled employee, even though the employer determined, in its business judgment,...more

Working From Home May Be A Reasonable Accommodation Under ADA, 6th Circuit Rules

The Americans with Disabilities Act (ADA) requires that an employer reasonably accommodate an employee with a disability unless the proposed accommodation would impose an undue hardship....more

Telecommuting & the Modern Workplace Under the ADA: Sixth Circuit Redefines Workplace and Expands Reasonable Accommodation...

In the context of the Americans with Disabilities Act (ADA), the workplace and an employer’s brick-and-mortar location are no longer synonymous. Although courts vary with respect to telecommuting as a reasonable accommodation...more

Employment Law Commentary -- Volume 26, Issue 4 -- April 2014

In This Issue: - EEOC v. Ford Motor Company: Is Telecommuting A Reasonable Accommodation After All? Over a year ago, we published an Employment Law Commentary on Equal Employment Opportunity Commission (“EEOC”)...more

Telecommuting May Be Reasonable ADA Accommodation for Some Workers, Sixth Circuit Holds

In a decision with possibly far-reaching consequences, the U.S. Court of Appeals for the Sixth Circuit recently held that an employer may be required to grant a telecommuting request as a reasonable accommodation under the...more

Sixth Circuit Opens Floodgates on Telecommuting as a Reasonable Accommodation

In Quentin Tarantino's classic film, "Pulp Fiction," two hitmen, Jules and Vincent (played by Samuel L. Jackson and John Travolta), find themselves in a farcical and escalating "mess" – requiring the advice of a "fixer" known...more

Federal Appeals Court Rules for EEOC in its Disability Discrimination Case Against Ford Motor

Agency Charged Automaker Denied Employee the Chance to Telework; Sixth Circuit Agrees Case Should Go Forward - WASHINGTON -- The majority of a panel of judges on the U.S. Court of Appeals for the Sixth Circuit decided...more

Employment Newsletter - February 2014: Telecommuting as a Reasonable Accommodation: A Remote Possibility?

In recent years, many employers have shied away from telecommuting programs and arrangements, believing employees cannot perform their jobs as effectively from home or be adequately supervised while working remotely. Disputes...more

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