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ARTICLE · 27 FEBRUARY 2018

Sixth Circuit Holds Telecommuting May Be Reasonable Accommodation

Executive Summary: On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period.

United StatesEmployment and HR

Executive Summary: On February 21, 2018, the Sixth Circuit Court of Appeals held an attorney could perform the essential functions of her job while working remotely for a ten-week period. As a result, when the employer refused to permit the employee's telecommuting request for the finite period, the employer failed to accommodate the employee in violation of the Americans with Disabilities Act, according to the court.

Background

The plaintiff, Andrea Mosby-Meacham, an in-house lawyer for Memphis Light Gas & Water (MLGW), requested to work from home for ten weeks after she was placed on modified bed rest during pregnancy. MLGW's ADA Committee conducted a telephonic meeting with Mosby-Meacham, but denied her request to telecommute, determining physical presence was an essential function of her job.

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