Executive Summary:The Sixth Circuit recently
held that a four day per week telecommuting arrangement could be a
reasonable accommodation for a disabled employee, even though the
employer determined, in its business judgment, that
teleconferencing was an insufficient substitute for in-person work.
The court noted that, given the state of modern technology, the
class of cases in which an employee can fulfill all requirements of
the job while working remotely has greatly increased, and it is no
longer the case that jobs suitable for telecommuting are
"extraordinary" or "unusual." See EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. Apr.
22, 2014).
Background Facts: Jane Harris
worked as a resale buyer for Ford Motor Company from 2003 to 2009.
Her role required some individual tasks, but the essence of her job
required group problem-solving. Ford utilized a telecommuting
policy that authorized employees to work up to four days per week
from a telecommuting site, and