What better place to contemplate the ADA issue of whether coming to work is an essential function of a job than at the recent Disability Management Employer Coalition (DMEC) Compliance Conference, an annual three day seminar for those who toil in the depths of disability leave management and love every minute of it?

It all

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

With telework as a reasonable accommodation under the ADA in the air as we await anxiously the Sixth Circuit’s en banc decision in EEOC v. Ford Motor Company, a recent decision concerning the EEOC’s failure to provide telework as a reasonable accommodation got my attention.  Miles’ law comes to mind.

Named for a chief of

In its 2005 guidance on working at home, or telecommuting, as a reasonable accommodation, the EEOC said that “[m]any employers have discovered the benefits of allowing employees to work at home through telework…programs.” I suspect as many requests to work at home are met with quiet groans by employers as by the excitement of discovering