Thursday, September 4, 2014

6th Cir. to Take Another Swing at Telecommuting Reasonable Accommodation Case

A few months ago, I wrote an entry titled Is Telecommuting a Reasonable Accommodation? The post was inspired by a then-recent 6th Circuit decision that telecommuting may be a reasonable accommodation under the ADA.

I don't think holding that telecommuting may be a reasonable accommodation in some circumstances was really anything new - but the 6th Circuit seemed to back away from earlier decisions that presumed telecommuting was not a reasonable accommodation particularly where attendance (or "face time") was a part of the job (essentially, putting a thumb on the scale). Well, now the 6th Circuit has agreed to rehear this case en banc (HT: Robin Shea).

I'm guessing the full court has decided to rehear the case to re-implement the presumption against telecommuting as a reasonable accommodation. I guess we'll have to wait and see though.