This fall, the Equal Employment Opportunity Commission (the "EEOC") filed a lawsuit against a San Antonio-based workplace experience and facility management company, alleging that the defendant company unlawfully denied its employee's request to work from home to protect herself from COVID-19. This suit, which is the EEOC's first of its kind, is a reminder to employers of the legal issues and potential risks involved in developing and enforcing remote-work policies.
In EEOC v. ISS Facility Services, Inc., 1:21-cv-03708 (N.D. Ga. 2021), the employee worked as a health and safety manager at the defendant's facility in Covington, Georgia. Near the beginning of the pandemic, in March 2020 through June 2020, the defendant required all employees to work remotely four days per week. In June 2020, the defendant re-opened its facility, and the employee requested an accommodation to work remotely two days per week and take a series of breaks while on site due to a pulmonary condition. The employee alleged that the condition caused her to have difficulty breathing and placed her at a greater risk of contracting COVID-19. The EEOC alleged that, although the defendant allowed others in the employee's position to work remotely, it nevertheless denied the employee's request. Following the denial, the defendant terminated the employee for "performance issues."
The EEOC alleges that the defendant's actions violated the Americans with Disabilities Act of 1990, as amended, and Title I of...
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