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 (6^th 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.  

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