The EEOC and, subsequently, the Court, supplanted its judgment for an employer’s as to whether physical presence at the office was an essential function of a reseller’s job, determining that a reseller should be permitted to telecommute several days a week despite the fact that the job description required physical presence at the office.  EEOC v. Ford Motor Co., 2014 WL1584674 (6^th Cir. 2014).  The Court determined the employer violated the Americans with Disabilities Act (ADA) in refusing to accommodate its employee and permit her to work from home several days a week even though her job position required physical presence.  This decision has the effect of preferring the EEOC’s and the Court’s judgment as to the essential functions of a job over that of the employer who actually created the job with its business needs in mind.

Shouldn’t an employer be able to determine what the essential functions of a position should be as long as the essential functions are clearly defined in a job description created with the position and the business’ needs in mind? The essential functions of a job are just that and should not be tailored to the person hired for the position as a general rule.  This decision thwarts the long-recognized legal premise that employers are the best able to determine the duties it considers essential to the purpose of its business.  In my opinion, this Opinion goes too far!