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One to Keep An Eye On: EEOC v. ISS Facility Services, Inc. (U.S. District Court, Northern District of Georgia, Atlanta Division)

 

As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


On September 7th, the Equal Employment Opportunity Commission (“EEOC”) filed its first lawsuit against an employer on the grounds that the employer discriminated against a disabled employee by failing to offer an accommodation by allowing the employee to work from home because of her increased risk of contracting coronavirus.

According to the complaint, ISS Facility Services, Inc. (“ISS”) employed Ronisha Moncrief (“Moncrief”) as a Health Safety & Environmental Quality Manager at one of its manufacturing facilities.  In March of 2020, Moncrief became sick at work and was subsequently diagnosed with obstructive lung disease.  Her doctor provided ISS with an accommodation request that Moncrief be allowed to work from home and take frequent breaks.

Following the spread of the coronavirus last year, ISS implemented a policy to have its workers, including Moncrief, work from home four days a week.  By June 1st of last year, ISS required its employees to work in the office five days a week.  Given her health status and risk for contracting the coronavirus, Moncrief requested an accommodation by being allowed to work from home two days a week and be allowed frequent breaks when in the office.  Despite other workers being permitted to work from home, Moncrief’s accommodation was denied.  A few weeks later, Moncrief’s supervisor recommended she be replaced and terminated due to “performance issues.”  Moncrief was subsequently terminated not long thereafter.

The lawsuit alleges that ISS violated the Americans with Disabilities Act (“ADA”) by failing to allow for this requested accommodation by Moncrief.  While the lawsuit is still in the very early stages of litigation, this is one to keep an eye on, given it is the first (of likely many other) ADA discrimination suits arising out fo requests to work from home as an accommodation during the coronavirus pandemic.


For a copy of the complaint:  https://aboutblaw.com/Zwy

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