Disabled Worker Discrimination for Not Accommodating Remote Work

The Equal Opportunity Commission (EEOC) recently filed a pandemic disability discrimination lawsuit. They did so when a company failed to provide reasonable accommodations. Under the ADA, companies must allow accommodations for disabled workers.

During the pandemic, many businesses allowed employees to work remotely. Even prior to the pandemic, remote work was an accommodation that a business could make for a disabled worker. If the company previously allowed the employee to work remotely, the EEOC would look into a denial. Also, they would investigate if the business allowed another employee to work remotely, but denied the claimant the same accommodation.

Details of the EEOC’s Pandemic Disability Discrimination Lawsuit

The EEOC brought a lawsuit against ISS Facility Services, Inc. It claimed the company unlawfully denied the disabled worker’s reasonable request for remote work. In addition, it claimed the company fired her for requesting it.

Ronisha Moncrief worked at the ISS Georgia facility as a health and safety manager. From March 2020 through June 2020, ISS required all of its employees to work remotely for four days a week. This was due to the pandemic. In June 2020, when the company had workers returning to work onsite, Ronisha requested an accommodation. She requested working remotely two days a week and for frequent breaks when working on site. She had a pulmonary condition that caused breathing problems. Furthermore, the condition put her at increased risk for Covid-19. Despite allowing other employees to work from home, the company denied Ronisha’s request.

After failing to reach a reconciliation settlement, the EEOC filed a lawsuit on her behalf. The lawsuit seeks the following:

  • Back pay
  • Compensatory damages
  • Punitive damages
  • Injunctive relief to prevent future discrimination

Get experienced legal help with disability discrimination

The Law Office of Peter A. Romero has decades of experience representing employees in disability claims. Clients throughout NYC, including in Queens, Brooklyn, The Bronx and Harlem/Upper Manhattan often seek our legal help. Call us at (631) 257-5588 or contact us online to schedule an appointment.