‘WORKING FROM HOME’ OR ‘SHIRKING FROM HOME’: MCMILLAN V. CITY OF NEW YORK’S EFFECT ON THE ADA

MARY HANCOCK

Americans with Disabilities Act – Largely due to the rise of the technology era, the employment landscape across the United States has dramatically changed through past decades. Congress has provided little guidance to courts who are struggling to apply antiquated case law to cutting edge technology.  The Americans with Disabilities Act of 1990 is one of many Congressional enactments undergoing change through the removal of employment presumptions of the past.   The decision in McMillan v. City of New York, 711 F.3d 120 (2d Cir. 2013), is one example of this change.  The Second Circuit expressly declined to follow the presumption that physical presence is a requisite of virtually all employment.

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