Author Archive

Sixth Circuit smacks EEOC on work-from-home accommodation

An 8-5 decision from (these days) one of the nation’s more liberal circuits in EEOC v. Ford Motor Company:

The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate their disabled employees; it does not endow all disabled persons with a job—or job schedule—of their choosing. Jane Harris, a Ford Motor Company employee with irritable bowel syndrome, sought a job schedule of her choosing: to work from home on an as-needed basis, up to four days per week. Ford denied her request, deeming regular and predictable on-site attendance essential to Harris’s highly interactive job. Ford’s papers andpractices—and Harris’s three past telecommuting failures—backed up its business judgment.

Nevertheless, the federal Equal Employment Opportunity Commission (EEOC) sued Ford under the ADA. It alleged that Ford failed to reasonably accommodate Harris by denying her telecommuting request and retaliated against her for bringing the issue to the EEOC’s attention. The district court granted summary judgment to Ford on both claims. We affirm.

More: Jon Hyman. On the EEOC’s many rebuffs in federal court, see here, here, here, here, etc.

April 22 roundup

CDC’s Frieden in denial about good news on vaping

Actual cigarette smoking among teens, the kind that requires inhaling carcinogenic products of combustion, is down a startling 25 percent in one year and nearly 42 percent since 2011. The reason is the rapid substitution of vaping or e-cigarettes, which hold singular promise as a harm-reduction measure for those drawn to the nicotine habit. Great news, right? Not if you listen to Thomas Frieden of the Centers for Disease Control, who’s doing his best to disguise good tidings as bad so as to stoke the officially encouraged panic about vaping. New York Times columnist Joe Nocera nails Frieden on the issue [h/t @jackshafer], providing a model of appropriately skeptical press scrutiny of someone who hardly ever gets subjected to that. More on Frieden; David Henderson on how FDA hostility to vaping could slow the shift from more-toxic alternatives; related, Greg Gutfeld on California ads trashing e-cigs.

P.S. Andrew Stuttaford thinks Frieden’s not in denial, he knows better.

Miss child support payment, go to jail

And good luck making those payments once you’ve lost your job or license. The Walter Scott shooting in South Carolina has focused belated attention on the “deadbeat-dad” rules crafted variously to please budget hawks, women’s rights advocates, and conservatives, which in practice can pile hopelessly large obligations on low-earning fathers, enforced in some states not only by jailing but also by deprivation of drivers’ and occupational licenses instrumental in earning a living. I’ve got more at Cato at Liberty, following up on New York Times coverage.

Traffic and road law roundup

  • Driver’s license suspensions, which many states use to punish unpaid court debt and other offenses unrelated to driving skill, can accelerate spiral into indigency [New York Times]
  • Your war on distracted driving: woman says she received $200 ticket “for putting on lip balm at a red light.” [KLAS Las Vegas, Nev.]
  • “Of Course We Have No Ticket Quotas, But ….” [Lowering the Bar; Edmundson, Mo., in St. Louis County; Mariah Stewart, Huffington Post on revenue generation in Berkeley, Mo., and other neighboring towns; Scott Greenfield (“Ferguson: Where Everyone’s a Criminal”)]
  • Yet more on St. Louis County: it started with a “defective muffler” stop in Florissant [Riverfront Times]
  • NYC: “Speed cameras lead to surge in tickets and $16.9M in revenue for city” [NY Daily News]
  • New Los Angeles parking signs explain it all for you, also recall design of craps table [Mark Frauenfelder, BoingBoing]
  • Virginia: “How Police Drones and License-Plate Readers Threaten Liberty” [A. Barton Hinkle; related, Jim Harper/D.C. Examiner]

“FBI overstated forensic hair matches in nearly all trials before 2000″

“The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.” The overstatement of forensic matches favored prosecutors. “The cases include those of 32 defendants sentenced to death,” of whom 14 have either died in prison or been executed. “The FBI errors alone do not mean there was not other evidence of a convict’s guilt.” [Spencer Hsu, Washington Post]

Labor and employment roundup

CPS vs. free-range parents: are there Constitutional issues?

Per Ilya Somin, there might be: “In two landmark cases in the 1920s, Meyer v. Nebraska and Pierce v. Society of Sisters, the Supreme Court ruled that the Due Process Clause of the Fourteenth Amendment protects parents’ and guardians ‘to direct the upbringing and education of children under their control.'” Meyer struck down a ban on instruction of students in foreign languages before eighth grade, while Pierce struck down a ban on private and religious school education. While authorities presumably have wider leeway to regulate pedestrian activity on public streets than instruction that may take place within private homes, churches, or schools, a degree of regulation that forcibly substitutes the state’s judgment for parents’ on debatable issues of child-rearing might cross a line.

The idea of a Constitutional right of parental autonomy appears to be alive and well on both conservative and liberal sides of the Court, but some may be surprised at which current Justice has written most critically of the idea: Antonin Scalia, because of his dislike for “substantive due process” theory and in general its protection of individual rights not enumerated in the Constitution. In a 2011 article I haven’t had a chance to read, David Wagner traced the Scalia-Thomas conflict and apparently also looked at whether Scalia continues to count as a holdout given what might be a softening of his views on the issue.

Related: Lenore Skenazy on Scotland’s scary Named Person child advocacy scheme [earlier on which], and interviewed by Joel Mathis at Philadelphia Magazine. Earlier on Child Protective Services.