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The Equal Opportunity Commission (EEOC) recently filed a disability discrimination lawsuit. This is the first COVID-19 pandemic-related lawsuit the EEOC has filed about a remote work request for an American with Disabilities Act (ADA) accommodation.
The suit states that a workplace experience and facility management company unlawfully denied its employee’s reasonable request for an accommodation for her disability. After employees were working remotely four days a week from March to June 2020, the company reopened. One employee requested to continue to work remote for two days per week and take frequent breaks due to a pulmonary condition. The company allowed other employees in similar positions to work from home but denied this employee’s request and shortly after, fired her.
Even pre-pandemic, the EEOC supports remote work as a reasonable accommodation under the ACA. However, it is up to the courts whether they agree that remote work should be considered a reasonable accommodation for disabilities.
Employers should continue to monitor this lawsuit and others that follow and be prepared to update policies and procedures as appropriate. Download the bulletin for more details.
This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
