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.

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Author: George McGowan

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher
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!