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Sixth Circuit Sides With Management in Dispute Over Employee’s Request to Telecommute

In a potentially important decision over workplace accommodations in an environment when telecommuting is more common, the Sixth Circuit ruled on April 10 that an employer does not need to permit an employee to work from home when an essential aspect of the employee’s position requires being in the office. 

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TAGS: Accommodation, Americans with Disabilities Act, EEOC, Sixth Circuit, Telecommuting, Workplace Accommodations

Sixth Circuit Holds Telecommuting May Be a Reasonable Accommodation for Employee With IBS

Stressing that technology has made telecommuting easier, the Sixth Circuit yesterday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. failed to accommodate a worker with irritable bowel syndrome (IBS) by refusing her request to work from home most days. 

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Sixth Circuit Decision Offers Practical Guidance on Accommodating Disabled Employees

Determining how to reasonably accommodate an employee with a disability can be difficult for employers.  The Sixth Circuit’s decision in Kempter v. Michigan Bell Telephone Co., et al. affirms common-sense law – namely, that in reasonably accommodating a disabled employee, employers are not required to convert temporary light-duty work into a full-time position, reassign a disabled employee to a position he/she is not qualified for, or which would displace another employee’s rights, or create a new position. 

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Obesity and the Ever-Broadening Definition of "Disability"

As most employers are aware, the definition of what constitutes a “disability” for purposes of providing a reasonable workplace accommodation was broadened significantly with the enactment of the Americans with Disability Act Amendments Act of 2008 (ADAAA). 

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Eleventh Circuit Finds That Repeated Extensions of a Leave of Absence is Not A Reasonable Accommodation

In addressing a disability discrimination claim under the ADA, the Eleventh Circuit ruled this past week that an indefinite leave of absence does not constitute a reasonable accommodation.

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TAGS: ADAAA, Americans with Disabilities Act, Employment Law, Labor & Employment Law
CONTACT: Cole D. Bond

2012 Fiscal Year EEOC Enforcement Statistics Reveal Decrease in Overall Charges and Increase in Employer Payouts

The recently released 2012 EEOC enforcement statistics indicated an overall decrease in charges and increase in damages paid by employers.  Notably, for the second consecutive year, the EEOC reduced its pending inventory of private sector charges by 10% from fiscal year 2011, bringing inventory to 70,312.  However, the EEOC obtained the largest amount of monetary recovery in 2012, totaling $365.4 million.  Leading the states in originating charges was Texas at 9.0% of charges filed nationally, followed by Florida (8.0%) and California (7.4%).   

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Employee’s Vacation Facebook Photos Help Defeat FMLA Interference and Retaliation Claim in E.D. Michigan

As the FMLA celebrates its 20th birthday this February, social media continues to be an increasingly important resource for employers in combating frivolous FMLA interference and retaliation charges by former employees. 

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A Lesson from the Sixth Circuit's New ADA Decision

This week the Sixth Circuit issued an opinion in Jakubowski v. The Christ Hosp., Inc. affirming a district court’s decision to grant summary judgment in favor of the employer.  The plaintiff, Dr. Martin Jakubowski, was diagnosed with Asperger’s syndrome, a condition that severely impeded his ability to communicate with patients and co-workers. 

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TAGS: Americans with Disabilities Act, Employment Law, Litigation

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