Sixth Circuit Recognizes Telecommuting As Reasonable Workplace Attendance

In a first for the 6th Circuit Court of Appeals, it has recognized telecommuting as a reasonable option for an employee prevented from going to work. Previously the Court had relied on the principle that attendance is an essential requirement, but it overruled an Ohio court in the case of EEOC v. Ford Motor Co., saying that telecommuting is a reasonable accommodation option for an employee with Irritable Bowel Syndrome, according to attorneys with Korhman Jackson & Krantz. The employee requested to telecommute because she could not drive to work or remain at her desk without soiling herself. Ford denied her request, claiming that her position as a buyer required face-to-face interaction. The 6th Circuit disagreed, ruling that Ford could not show that physical attendance at the place of employment was an essential function of her job. “Given the state of modern technology, it is no longer the case that jobs suitable for telecommuting are ‘extraordinary’ or ‘unusual,’” wrote the Court.