Telecommuting May Not be a Reasonable Accommodation Under the ADA if On-Site Attendance is an Essential Function of the Position

On April 10, 2015, a full panel of the Sixth Circuit Court of Appeals (covering Michigan, Kentucky, Ohio, and Tennessee) decided in an unpublished decision that a former Ford employee, Jane Harris, was not a qualified individual with a disability because her excessive absences prevented her from performing the essential functions of a resale buyer. The Court further held that Harris’ telecommuting proposal was not reasonable because it removed an […]

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How College Disability Services Differ from K-12 Special Education Services

Students with disabilities are entitled to accommodations in school, whether it is K-12 (public) or post-secondary education. The nature and delivery of those services, however, differ greatly between K-12 and college. Laws That Impact All Students: IDEA The Individuals with Disabilities Education Act (IDEA) is a federal law governing special education service delivery for students aged 3-21 or until high school graduation. An educational team develops the Individualized Education Plan […]

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Supreme Court Raises Bar to Prove Discriminatory Retaliation Cases

In a 5- 4 decision announced June 24, 2013, the United States Supreme Court made it more difficult for workers to prove they have been retaliated against on the job. In the decision of University of Texas Southwestern Medical Center v Nassar, the Court clarified the standard for plaintiffs who claim they have faced negative employment decisions in retaliation for complaints of employment discrimination in Title VII actions. Title VII […]

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