Wednesday, September 3, 2014

Sixth Circuit Vacates and Sets for En Banc Rehearing April Decision Making Physical Presence at Job Site Optional Under ADA

On Friday, a majority of the active Judges sitting on the Sixth Circuit Court of Appeals voted to vacate the divided decision by a panel of three judges from April which held that regular physical attendance at a job may not generally be considered to be an essential function of a job.  In that case, the EEOC convinced two judges that physical presence at a job may not be an essential job function and that working from home could be a reasonable accommodation.   EEOC v. Ford Motor Company, No. 12-2484 (6th Cir. 4-22-14).   The case has now been set for an en banc rehearing before all of the judges of the Sixth Circuit, which could affirm, modify, or reverse the prior decision.  

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.