Three months ago, we reported on EEOC v. Ford Motor Co., in which a three-judge panel on the Sixth Circuit Court of Appeals reinstated a lawsuit brought by a fired Ford Motor Company employee Jane Harris. In 2011, the EEOC had filed suit on her behalf, alleging that Ford violated the Americans with Disabilities Act by failing to accommodate Ms. Harris' disability and by retaliating against her for filing a charge with the EEOC. A U.S. District Court in Michigan granted Ford summary judgment, however, the Sixth Circuit panel threw out that decision, ruling that Ford had not met its burden of proving that Ms. Harris’ physical presence was an essential function of her job. The Sixth Circuit’s ruling raised potentially significant issues for companies that allow employees to telecommute. (Our prior post on the case can be found here: http://www.hrlawupdate.com/home/2014/6/17/where-do-you-work.html.)
Recently, however, a majority of the Sixth Circuit’s judges voted to rehear the case and the Court issued an Order vacating its prior opinion pending rehearing.