The U.S. Equal Employment Opportunity Commission (EEOC) recently sued an employer that allegedly unlawfully denied remote work to someone at a heightened risk of severe complications if she had contracted COVID-19.
The agency claimed that Total Systems Services LLC (TSYS), a global payment processing company based in Columbus, Ga., violated the Americans with Disabilities Act (ADA) by denying repeated requests by an employee with diabetes and hypertension to work remotely as a reasonable accommodation. The company also violated the ADA by retaliating against the employee for taking medical leave to avoid exposure to the coronavirus, the EEOC said.
The EEOC's recent filing in the TSYS case "serves to emphasize that the denial of telework is on the EEOC's radar," said Jonathan Mook, an attorney with DiMuroGinsberg in Alexandria, Va. Employers need to be aware of the risks they run if they deny remote-work arrangements to an employee with an underlying medical condition that may be exacerbated should the employee become infected with COVID-19, he noted.
"The facts as alleged are incorrect and TSYS intends to vigorously defend against this frivolous litigation," said a TSYS spokesperson. "TSYS is very proud of its record, especially the outstanding dedication of our thousands of team members. We look forward to the airing of those facts as part of the judicial process."
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