News & Analysis as of

Americans with Disabilities Act (ADA) Equal Employment Opportunity Commission (EEOC) Attendance

Bradley Arant Boult Cummings LLP

Attendance Policies, ADA May Be In EEOC's Crosshairs

No-fault attendance policies may be on a watchlist for the U.S. Equal Employment Opportunity Commission. A recent matter before the U.S. Court of Appeals for the Eleventh Circuit, EEOC v. Eberspaecher North America Inc.,...more

Bradley Arant Boult Cummings LLP

Bueller? Bueller? EEOC Examining Attendance Policies for ADA Violations

Do you have a “no fault” attendance policy or some other way in which employees get points for absences? If so, be careful. A recent Eleventh Circuit matter, EEOC v. Eberspaecher North America, Inc. suggests that the Equal...more

Foley & Lardner LLP

“No-Fault” Attendance Policies Now Unlawful in New York: What Should Employers Do?

Foley & Lardner LLP on

Last week, New York State enacted legislation that bans “no-fault” attendance policies. The new law, which will take effect in 90 days, prohibits employers from penalizing workers based on “use of any legally protected...more

Foley & Lardner LLP

Does Your No-Fault Attendance Policy Apply to Employee Absences Due to COVID-19?

Foley & Lardner LLP on

Many companies have no-fault attendance policies where employees are automatically issued “points” or “occurrences” for unexcused absences and tardies. These policies generally allow exceptions for certain absences, such as...more

Jaburg Wilk

Your Attendance Policy May Be a Ticking Time Bomb

Jaburg Wilk on

The EEOC has long waged war against “no-fault” or rigid employment policies. No-fault attendance policies penalize employees by issuing them points (also known as occurrences) for absences, late arrivals and early departures....more

Littler

Federal Court Chooses Reliable Attendance and Rejects Suit Claiming ADA Requires Accommodation of Unpredictable and Unplanned...

Littler on

Although much of the U.S. workforce is increasingly teleworking in the midst of the Covid-19 pandemic, when employers return to business as usual, handling employee absences and leaves will continue to be a challenging issue....more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says ADA Does Not Require Waiving Attendance Policy

Job-protected leave continues to be the most common accommodation requested by employees under the Americans with Disabilities Act. For employers, the question remains at what point does the amount of work missed end the...more

Baker Donelson

Faulty Issues With No Fault Attendance Policies

Baker Donelson on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

Bradley Arant Boult Cummings LLP

Bend Don’t Break: The EEOC Says Inflexible Attendance Policies Violate the ADA

In managing employee attendance, be careful about policies that suggest automatic termination after a certain number of absences as the Equal Employment Opportunity Commission (EEOC) believes such policies violate the...more

Bond Schoeneck & King PLLC

EEOC Has Attendance Point Systems in its Sights

Attendance point systems undoubtedly have appeal. These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the subjectivity out of...more

Parker Poe Adams & Bernstein LLP

Employer Not Required to Accommodate Inability to Work Predictable Hours

In recent administrative actions, the Equal Employment Opportunity Commission has taken the position that regular attendance is not an essential job function under the Americans with Disabilities Act. The agency views...more

Baker Donelson

Even Under the ADA, Some Jobs Require Being On-Site; Court of Appeals Decision Offers Lessons

Baker Donelson on

Last month in EEOC v. Ford Motor Co., 782 F.3d 753 (6th Cir. 2015) (en banc), the United States Court of Appeals for the Sixth Circuit found that a Ford employee was not qualified for her job under the ADA because she was not...more

FordHarrison

Employer Not Required by ADA to Permit Employee to Telecommute

FordHarrison on

Reversing an earlier panel decision, the Sixth Circuit has held that an employee who was unable to regularly and consistently attend work was not a qualified individual with a disability under the Americans with Disabilities...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Rejects EEOC's Demand for Telecommuting as ADA Accommodation

Last year, a panel of the Sixth Circuit Court of Appeals held 2-1 that the Americans with Disabilities Act required Ford Motor Company to allow a buyer with irritable bowel syndrome (IBS) to possibly telecommute up to four...more

Constangy, Brooks, Smith & Prophete, LLP

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Mintz - Employment, Labor & Benefits...

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

Franczek P.C.

Sixth Circuit Holds Telecommuting Not a Reasonable Accommodation Where Regular and Predictable On-Site Job Attendance is an...

Franczek P.C. on

Courts have repeatedly recognized that “regular job attendance” is an essential function of most jobs that need not be altered in order to reasonably accommodate a disabled employee. This common sense notion, however, has...more

Constangy, Brooks, Smith & Prophete, LLP

Thanks, Ford! Hard-Fought Win Against EEOC In ADA-Telecommuting Case Is Welcome News For All Employers

Last Friday, the full U.S. Court of Appeals for the Sixth Circuit found in favor of Ford Motor Company in a disability discrimination lawsuit brought by the Equal Employment Opportunity Commission. ...more

Levenfeld Pearlstein, LLC

EEOC Files Suit Alleging Attendance Policy Failed To Accommodate Disabled Employees

On Friday, the EEOC filed suit against AutoZone, alleging that the car repair company violated the Americans With Disabilities Act by applying its attendance policy in a way that failed to accommodate certain...more

20 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide