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April 2014 Archives

EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. Apr. 22, 2014)

"At issue in this case is whether a telecommuting arrangement could be a reasonable accommodation for an employee suffering from a debilitating disability." The Sixth Circuit, in a 2-1 split opinion, holds that the EEOC is entitled to a trial on behalf of an employee with irritable bowel syndrome ("IBS") for ADA discrimination and retaliation. The panel majority holds, in the course of its analysis, that a four-day-a-week telecommuting schedule might be considered a reasonable accommodation.

Pierson v. Quad/Graphics Printing Corp., No. 13-5784 (6th Cir. Apr. 18, 2014)

Here's a nice, simple reminder for HR professionals and laid-off employees: that when an employer can not line-up behind a single reason (or even a single decision maker) for a termination decision, and instead keeps changing its mind, the reason lurking beneath may well be discrimination. The Sixth Circuit sends an age-discrimination claim back for trial where the employer allegedly switched stories midstream, from contending that the employee's job was eliminated to arguing that the termination was based on a negative performance evaluation.

Mazzeo v. Color Resolutions International, LLC, No. 12-10250 (11th Cir. Mar. 31, 2014)

As recently noted here (see entry for January 26, 2014), the U.S. Courts of Appeals are just now deciding the next generation of disabilities-discrimination law cases governed by the 2008 Americans With Disabilities Act amendments (ADAAA). Here, the Eleventh Circuit notes - in a case reversing summary judgment for an employee in chronic pain - that some of its prior, more restrictive case law must now be reconsidered. (And, as an added bonus, the employee also earns a reversal of his age discrimination claim.)

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