On February 21, 2018 Mosby-Meachem v. Memphis Light, Gas & Water Division, the U.S. Court of Appeals for the Sixth Circuit held that working from home was a reasonable accommodation for a pregnant attorney.
The attorney, who was an in-house attorney for Memphis Light, Gas, & Water, was denied her request to work from home for ten weeks while she was on bed rest due to pregnancy complications. The plaintiff, who had previously suffered three miscarriages, had to undergo surgery in her 23rd week of pregnancy after doctors discovered a problem.
After requesting the accommodation, the Plaintiff worked remotely for three weeks without issue, until she received a letter stating that her request was denied. The letter stated that the request conflicted with the company’s policy against telecommuting and that physical presence was an essential function of her job. She received sick leave for four weeks under FMLA and short-term disability for the remainder of the ten-week period. Following her ten-week restriction, the plaintiff returned to work up until her baby was born.
The attorney brought suit in federal court for claiming that her employer had violated the Americans with Disabilities Act (“ADA”) by failing to accommodate her disability. The case went to trial and the jury found in favor of the plaintiff, awarding her $92,000 in compensatory damages. She was also awarded $18,184.32 in back pay and the reinstatement of her benefits by the district court.
On appeal, the Court distinguished the case from prior cases which held that “regular and predictable attendance” at a work site are essential job functions. The court stated that it left the door open in those cases for telecommuting to be considered a “reasonable accommodation” under the ADA. Thus, it was reasonable for the jury to conclude that the attorney was “otherwise qualified” for the job with the requested accommodation of telecommuting.
The case illustrates an important point for employers; each request for accommodation is unique and needs to be approached carefully and on an individual basis. Employers should thoughtfully consider the facts of each case before denying any request for accommodation made by an employee.
Attorneys at FDAR routinely advise Ohio employers regarding their obligations under the American’s with Disabilities Act, Title VII and similar laws. Feel free to contact us if you have any questions.