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Court to reconsider its decision that telecommuting is a reasonable accommodation

September 5, 2014

Allowing an employee to work from home four to five days per week might not be a reasonable accommodation under the Americans with Disabilities Act (ADA) after all. On August 29, 2014, in a rare move, the Sixth Circuit Court of Appeals vacated its earlier three-judge panel decision against Ford Motor Company. The case, EEOC v. Ford Motor Co., arises from Ford’s rejection of an employee’s request to work from home several days per week to accommodate her disability (irritable bowel syndrome). For more about the case, click here.

Now, all of the 13 appeals court judges will together rehear the case. The court will reconsider whether the panel’s prior decision in favor of the EEOC was consistent with the court’s prior decisions regarding “predictable attendance as an essential function of most jobs.”

Honigman will continue to monitor and provide updates about this case. If you have any questions about this decision, please contact one of Honigman’s Labor and Employment attorneys.