This year has already provided the legal world with a number of labor decisions and developments to consider, and it doesn't seem that this trend is likely to slow down any time soon. From the National Labor Relation Board's decision to allow student athletes to unionize at Northwestern University to allegations of wage fixing at some of the largest technology companies in the world, labor and employment law has seen no shortage of shake ups. Here we bring you voices from legal professionals with boots on the ground, to get their take on up-and-coming issues that are likely to impact the law of the workplace going forward.
6th Circuit questions physical presence in the workplace
“Is telecommuting a reasonable accommodation? A recent 6th Circuit decision now seemingly puts an employer's right to require attendance at issue in the ever-changing debate of what may be a reasonable accommodation. In reversing summary judgment for Ford Motor Co., the court opined that, given the advancements in technology, an employee's request to work from home to accommodate a disability may very well be a reasonable request, permitting them to perform the essential functions of their job. The decision is important for its break from established precedent confirming attendance at the job was an essential job function. While we wait to see whether this decision gets traction in other circuits, or whether Ford decides to appeal, employers should factor this ruling into their accommodation discussions.”