Remote Working, Essential Functions, Employer Liability Issues

Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/5/2024

On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public...more

Is it Essential I Come Back to My Cubicle? Maybe.

Bricker Graydon LLP on 2/12/2024

Seems like every other day we hear about some company calling employees back to the office. Some go better than others. I am not the first person to say this, but we’re entering and setting up camp in a new era of work....more

Remote Work Accommodation Requests in a Post-COVID World: How “Essential” is the Office Anyway?

Bailey & Glasser, LLP on 11/3/2021

After nearly two years of having the flexibility to work from home, it’s not hard to understand why many employees are reluctant to return to the “old ways” of business casual attire, hour-long commutes, and five days per...more

Tenth Circuit refuses to second-guess employer’s judgment in ADA accommodation case

McAfee & Taft on 7/14/2021

The ongoing pandemic has made telework much more common for many workplaces. As we begin to return to normalcy, employees may question whether they need to be physically present at work when telework has proven to be...more

Showing Up to Work: Sixth Circuit Clarifies When Regular, In-Person Attendance Is Required Under the ADA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/27/2019

In Popeck v. Rawlings Company, LLC, No. 19-5092 (October 16, 2019), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for the Rawlings Company on Popeck’s claims under the Americans with Disabilities...more

Change in job duties may necessitate change in ADA accommodation

McAfee & Taft on 8/20/2019

It was a close call, but a court recently denied an employee’s Americans with Disabilities Act claim that her employer had improperly refused a request to continue working from home as an accommodation. With the growth of...more

Close Call: American Airlines Wins ADA Case by One Vote, but the Warning Signals for Employers are Loud and Clear

Seyfarth Shaw LLP on 7/11/2019

Seyfarth Synopsis: In a 2-1 decision in Bilinsky v American Airlines, Inc., 2019 WL 2610944 (7th Cir. June 26, 2019), the Seventh Circuit recently affirmed American Airlines’ summary judgment win against a former employee who...more

Remote Working › Essential Functions › Employer Liability Issues