734-359-7018
Now Accepting New Clients!
Blog

Terminated employee fights alleged wrongful discharge

Defendant-Ford Motor was improperly granted summary judgment on plaintiff-EEOC's disability discrimination and retaliation claims because the evidence created a genuine dispute whether the charging party (Harris) was "otherwise qualified" to work as a resale buyer, and whether she was terminated in retaliation for filing a charge with the EEOC. Harris, who suffered from IBS, requested that Ford "accommodate her disability" by allowing her to telecommute several days a week. Ford refused, and she filed a charge with the EEOC. Ford later terminated her employment. There was no question that Harris was "disabled under the ADA." The issue was whether she was "'otherwise qualified' for the resale steel buyer position." When determining whether "physical presence" at the Ford facilities was essential to Harris' job, the court considered "written job descriptions, the business judgment of the employer, the amount of time spent performing the function, and the work experience of past and present employees in the same or similar positions." Ford argued that Harris' "physical attendance at the Ford workplace was critical to the group dynamic of the resale-buyer team." However, the employer's business judgment is only one factor to be considered. Although "physical presence at an employer's facility may be an essential function for some positions," the court concluded that the EEOC "offered evidence that casts doubt" on whether that was the case in Harris' situation. "[A]dvancing technology has diminished the necessity of in-person contact to facilitate group conversations." Ford "offered no evidence to prove that Harris would be less able to perform these site visits if she worked partially, or even primarily, from her home rather than Ford's facilities." The court concluded that Harris' job did not "actually require[] face-to-face interactions with clients[,]" and it was "not persuaded that positions that require a great deal of teamwork are inherently unsuitable to telecommuting arrangements." Alternatively, the EEOC showed that Harris was qualified for the resale buyer position with a reasonable accommodation (a telecommuting arrangement) for her disability. As for the EEOC's retaliation claim, there remained "a genuine dispute as to whether Ford was truly motivated by retaliatory intent or by a reasoned business decision to terminate an underperforming employee." Thus, Ford was not entitled to summary judgment.

DIVORCE 45: Federal law preempts state law such that the parties’ consent judgment is unenforceable to the extent that it required defendant to reimburse plaintiff for the reduction in the amount payable to her due to his election to receive CRSC

BACKGROUND This case involves a dispute between former spouses who entered into a consent judgment of divorce (the consent judgment), which provided that defendant would pay plaintiff 50% of his military retirement benefits. Beyond that, the...

How to Choose a Criminal Defense Lawyer for a DUI

No one wants to be arrested, and if you are, especially for the first time, you can be very confused. Being arrested for Drunk Driving, Driving Under the Influence (DUI) or Operating While Intoxicated (OWI) - formerly Driving While Intoxicated (DWI)...

What does Client and Attorney Privilege Mean?

How much should you tell your lawyer? The fifth amendment protects U.S. citizens from incriminating themselves, but how does that work with your attorney. We get this question all the time. Many people have heard about attorney confidentiality,...

FAMILY LAW 50: A Michigan Court has jurisdiction to make an initial custody determination when it is the home state of the child on the date of the commencement of the proceeding or within 6 months before the commencement of the proceeding.

PROCEDURAL HISTORY  Plaintiff and defendant have twin sons, but never married.  On August 13, 2008, the Court of Common Pleas Juvenile Division in Montgomery County, Ohio established plaintiff as the legal father of the children and...

When You Should Contest a Will?

Wills usually go through without a problem. Well over 90% of wills have no issue making it through probate. However, there are several grounds you may have to contest a will. As a beneficiary, or someone who would gain from a will, there are legal...

What You Need to Know About Distracted Driving

A great U.S. freedom is the ability to drive the open roads. However, every year there are more than 20,000 car accidents in Michigan. Many of these accidents come from distracted driving and could have been avoided. Distracted driving is such a...

Reasons Your Will or Trust Could be Contested

Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405