Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: May 2, 2014
The Firm
201-896-4100 info@sh-law.comWith the use of the internet and advancements in technology, it has become commonplace for employees to work from home or outside the office (so-called “telecommuting”). In fact, many employees accomplish a great deal of work while traveling or during personal time at home. The question arises: Is an employer required to allow an employee to work from home due to a qualifying disability under the Americans with Disabilities Act (ADA)?
In EEOC v. Ford Motor Co., the US Court of Appeals for the Sixth Circuit reinstated the plaintiff’s claims that the employer failed to accommodate her request to telecommute to work and then retaliated against her in violation of the Americans with Disabilities Act (ADA). In reversing the dismissal, the Sixth Circuit agreed with the EEOC that, given the advances in technology, there was a genuine issue of material fact whether the plaintiff’s physical presence at work was essential to her job as a resale buyer and that a reasonable jury could find that Ford retaliated against her when it disciplined and terminated her shortly after the EEOC charge was filed.
The Equal Employment Opportunity Commission (EEOC) has made it clear that it views telecommuting as a reasonable accommodation that must be considered. This is true even if the employer does not have a policy regarding telecommuting. Employers are obliged to determine whether it is reasonable under the circumstances. There are many jobs, such as driving a taxi, construction work or similar occupations, where working from home is not an option. However, many jobs fall within a grey area where it may be possible for the employee to fulfill some or all of his/her job requirements from home.
According to the EEOC, employers must consider several factors:
As we recently reported, New Jersey has changed the law of disability when it comes to pregnancy. New Jersey’s Law Against Discrimination (NJLAD) now requires that employers accommodate pregnant employees even when they cannot perform the essential functions of the job.
Employers must always make decisions according to the facts of each unique case. If your business is faced with making this type of decision, it is wise to seek legal advice to help ensure your compliance with disability laws such the ADA and the NJLAD.
If you have any questions about the issues discussed or would like to discuss your company’s telecommuting policies, please contact me or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!