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En Banc 6th Circuit Returns to Practicality, Finding Regular and Predictable Attendance to be Essential Function of Position

On April 13, 2015 by Schnader in Labor and Employment

By Scott J. Wenner In May 2014, we reported on an opinion of a divided panel of the Court of Appeals for the Sixth Circuit embracing the position of the Equal Employment Opportunity Commission (EEOC) that virtual full-time telecommuting could be a reasonable accommodation under the Americans with Disabilities Act (ADA) […]

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Refusing to Defer to Business Judgment that Workplace Attendance was Essential to Job, Sixth Circuit Panel Defers to EEOC Over Telecommuting as a Reasonable Accommodation

On May 12, 2014 by Schnader in Labor and Employment

By Scott J. Wenner The U.S. Court of Appeals for the Sixth Circuit recently overturned a district court’s award of summary judgment to Ford Motor Company in an action brought by the Equal Employment Opportunity Commission (EEOC) to establish telecommuting as a reasonable accommodation under the Americans with Disabilities Act (ADA). […]

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