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Telecommuting Essential Functions Appeals

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

Tenth Circuit Upholds Employer’s Decision to Deny Telework Accommodation Request Under Rehabilitation Act

On September 15, 2021, the Tenth Circuit Court of Appeals upheld a district court’s grant of summary judgment in favor of an employer. In Brown v. Austin, the Tenth Circuit found that an employee’s telework, weekend work, and...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says Employer Not Required to Follow Employee's Preference to Work From Home

Over the past several years, our practice has seen a marked increase in the number of employee accommodation requests that involve remote work. As communications technologies have improved, these employees regularly contend...more

Mintz - Employment Viewpoints

Fifth Circuit Holds Reporting to Work Regularly is Essential Function of Attorney’s Job Under the ADA

In a decision that will provide some solace to employers asked to permit remote work as a reasonable accommodation under the Americans with Disabilities Act, the United States Court of Appeals for the Fifth Circuit recently...more

Troutman Pepper

Telecommuting May Not Always Be a Reasonable Accommodation Under the ADA

Troutman Pepper on

An en banc panel of the Sixth Circuit Court of Appeals (Court) recently upheld the trial court’s grant of summary judgment in favor of Ford Motor Company in EEOC v. Ford Motor Company, on the basis that telecommuting was not...more

K&L Gates LLP

Sixth Circuit Sides with Ford Motor Company in ADA Telecommuting Case

K&L Gates LLP on

Employers often grapple with what constitutes a reasonable accommodation under the American with Disabilities Act (“ADA”). This issue becomes increasingly complex when evaluating whether telecommuting is an appropriate and...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

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

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

Parker Poe Adams & Bernstein LLP

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

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