U.S. Court of Appeals for the Sixth Circuit

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Sixth Circuit affirms Ford in a telecommuting & retaliation complaint by the EEOC

April 10, 2015

The Sixth Circuit issued an en banc decision rejecting EEOC’s argument that Ford violated the Americans with Disabilities Act (ADA) when it refused the request of a steel buyer to telecommute up to four days each week on an unpredictable schedule. The court reasoned that Ford’s uniform practice as well as “common sense” eliminated any dispute that regular in-person attendance was an essential job function that the employee in question must have been able to perform in order to state a claim under the ADA.

U.S. Chamber amicus brief filed 4/26/13. Decided 4/22/14. U.S. Chamber amicus brief supporting rehearing en banc filed 6/6/2014.

Petition for rehearing en banc granted 8/29/2014. U.S. Chamber supplemental amicus brief filed 10/30/2014. Argued 12/3/2014. Decided en banc 4/10/2015.

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