Equal Emp’t Opportunity Comm’n v. Ford Motor Co.

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Harris, a Ford Motor Company employee had irritable bowel syndrome. Ford initially tried to accommodate Harris, allowing telecommuting. After three attempts failed, Ford denied her request to work from home on an as-needed basis, up to four days per week, deeming regular and predictable on-site attendance essential to Harris’s highly interactive job. Harris had placed in the bottom 22% of her peer group in her fourth year on the job (2007) and in the bottom 10% in 2008. By her last year (2009), Harris “was not performing the basic functions of her position.” Ford said she lacked interpersonal skills, delivered work late, was not concerned with quality, and failed to properly communicate with suppliers. In 2008, she missed an average of 1.5 work days per week; in 2009, she was absent more than she was present. After Ford terminated her employment, the Equal Employment Opportunity Commission sued Ford under the Americans with Disabilities Act, 42 U.S.C. 12112(b)(5). The district court granted summary judgment to Ford. The Sixth Circuit affirmed, stating that the ADA does not endow all disabled persons with a job—or job schedule—of their choosing. View "Equal Emp't Opportunity Comm'n v. Ford Motor Co." on Justia Law