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 Ford should have allowed an employee with severe and unpredictable irritable bowel syndrome to telecommute as a reasonable accommodation under the Americans with Disabilities Act, was issued by a three-judge panel of the Sixth Circuit.
(My problem was not with telecommuting as a reasonable accommodation in general, but with the fact that the panel was mandating it in a job that required significant “face time” and entailed other obstacles to performing the duties remotely.)
The panel decision has been vacated, and the appeal will be reheard en banc (that is, by all of the Sixth Circuit judges). This is very encouraging news for Ford, and we will keep you informed as this case progresses.