Telecommuting Can Be a Reasonable Accommodation

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Telecommuting Can Be a Reasonable Accommodation

Yesterday the Sixth Circuit in this case http://www.opn.ca6.uscourts.gov/opinions.pdf/14a0082p-06.pdf held that working from home can be a reasonable accommodation under the ADA under the right circumstances. The court stated: “When we first developed the principle that  attendance is an essential requirement of most jobs, technology was such that the workplace and an employer’s brick-and-mortar location were synonymous. However, as technology has advanced in the intervening decades, and an ever-greater number of  employers and employees utilize remote work arrangements, attendance at the workplace can no longer be assumed to mean attendance at the employer’s physical location. Instead, the law must respond to the advance of technology in the employment context, as it has in other areas of modern life, and recognize that the “workplace” is anywhere that an employee can perform her job duties. Thus, the vital question in this case is not whether “attendance” was an essential job function for a resale buyer, but whether physical presence at the Ford facilities was truly essential.”

April 23rd, 2014|Uncategorized|