Tag Archives: telecommuting

A Cautionary Tale: How Sudden Changes to Intermittent FMLA Can Cost You

A January 9 decision by the Seventh Circuit Court of Appeals serves as a vivid reminder that employers must tread with great caution when managing intermittent leave under the Family and Medical Leave Act. As the ruling in Wink v. Miller Compressing Company highlights, making abrupt changes in leave accommodations or providing misinformation about leave … Continue Reading

Boat Analyst’s Disability Claim Does Not Hold Water

A Coast Guard analyst unable to maintain regular and predictable attendance due to various debilitating conditions was not entitled to her requested accommodations of telecommuting and a later start time, according to a decision by the U.S. Court of Appeals for the District of Columbia Circuit. Doak v. Johnson, Sec’y US Dep’t of Homeland Security … Continue Reading

Common Sense Trumps EEOC’s Position in ADA Telework Case

When I wrote last week that telework was “in the air” because we were anxiously awaiting the en banc Sixth Circuit decision in EEOC v. Ford Motor Company, little did I know that the decision was likely getting a final review before its release, which occurred on Friday. Common sense trumps the EEOC’s position on … Continue Reading

Ford Motor ADA Telecommuting Case Still Running

A few months ago, I posted my fourth and what I then called my “final” blog on the Sixth Circuit’s significant ADA decision in EEOC v. Ford Motor Company.  I had never posted four blogs about a decision. But that “final” blog has turned out not to be “final” because on August 29, 2014, a … Continue Reading

No Good Deed Goes Unpunished in ADA Telecommuting Case

This, my fourth and last post about the Sixth Circuit’s decision in EEOC v. Ford Motor Company (6th Cir. April 22,2014), deals with the adage, variously attributed to Oscar Wilde, Clare Booth Luce and a host of others, that “no good deed goes unpunished.” Recall the plaintiff in this case, Harris, a resale buyer, had … Continue Reading

Adverse Impact on Co-Workers of a Requested Accommodation under ADA Relevant in Determining Essential Functions

We posted recently about an Eighth Circuit decision in which the court held that rotating shifts was an essential function because “[i]f [plaintiff] were switched to a straight day shift and not required to work the rotating shift, then other Resource Coordinators would have to work more night and weekend shifts.”   Another court has … Continue Reading