---
title: First COVID-19 ADA Accommodation Lawsuit Filed
description: The EEOC recently filed the first COVID-19 pandemic-related disability discrimination lawsuit about a remote work request for an ADA accommodation.
---

[Employee Benefit News for School, City and County Employers ](https://blog.nisbenefits.com)

# [First COVID-19 ADA Accommodation Lawsuit Filed](https://blog.nisbenefits.com/first-covid-19-ada-accommodation-lawsuit-filed)

 Written by [Bill Disch](https://blog.nisbenefits.com/author/bill-disch) | Sep 27, 2021 3:18:27 PM

*1.5 minute read*

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](https://blog.nisbenefits.com/hubfs/Blog%20-%20supporting%20documents/bulletin-eeoc-covid-ada-lawsuit.pdf) 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.*

[View full post](https://blog.nisbenefits.com/first-covid-19-ada-accommodation-lawsuit-filed)

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