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ARTICLE · 25 APRIL 2014

Sixth Circuit Opens Floodgates On Telecommuting As A Reasonable Accommodation

The Sixth Circuit held that allowing a team member to telecommute could be a legally required reasonable accommodation under the ADA.

United StatesEmployment and HR

In Quentin Tarantino's classic film, "Pulp Fiction," two hitmen, Jules and Vincent (played by Samuel L. Jackson and John Travolta), find themselves in a farcical and escalating "mess" – requiring the advice of a "fixer" known as "The Wolf" (played by Harvey Keitel). The Wolf arrives at the scene, assesses the situation with cool detachment, and develops a detailed plan to extricate Jules and Vincent from their unsavory and very bloody dilemma.  Imagine "The Wolf" insisting on phoning in his assistance instead of working in person with Jules and Vincent.  Would he have been as effective?  Yet, in EEOC v. Ford Motor Company, the U.S. Court of Appeals for the Sixth Circuit concluded that allowing a problem solver in a fast-moving team environment to telecommute could be a legally required reasonable accommodation under the Americans With Disabilities Act (ADA), and that traditional assumptions on the need to be physically present in the workplace sometimes fall by the

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