Telecommuting Not Required by ADA, 6th Circuit Rules: Employment Law Manual Updated

Authors: Melissa Burdorf and Marta Moakley, XpertHR Legal Editors

Regular and predictable attendance is an essential job function under the Americans with Disabilities Act (ADA), and courts should defer to an employer's judgment about when a job requires physical attendance, the 6th Circuit Court of Appeals held in EEOC v. Ford Motor Co. While telecommuting may be a reasonable accommodation in some situations, it was not reasonable in this case.

In light of this development, the Disabilities (ADA) and Managing Employees in Special Situations sections of the Employment Law Manual have been updated.