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April 2014 Archives

Americans With Disabilities Act: Accommodation Compliance In The Age Of Telecommuting

sbyers.jpgOn April 22, 2014, in EEOC v. Ford Motor Co, Case No. 12-2484, the United States Court of Appeals for the Sixth Circuit in an appeal from the Eastern District of Michigan at Ann Arbor ruled in a 2-1 decision that reversed summary judgment to the employer, Ford, finding that employee's telecommuting request that had been denied was potential discrimination and that the retaliation claims were also viable under the Americans with Disabilities Act. The EEOC has long provided in its guidance that telecommuting or working from home can, in some instances, be a reasonable accommodation under the ADA. This guidance is not unfettered; however, as such accommodations are not required if it would cause an undue hardship or if the essential functions of the job can only be performed in the workplace.

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