Denying employee's remote-work accommodation spurs EEOC lawsuit

After an employee requested remote work as an accommodation for her multiple physical ailments, the employer allegedly discriminated against and fired her. The action recently provoked the Equal Employment Opportunity Commission (EEOC) to file its first COVID-19-related disability accommodation lawsuit.

Facts

Ronisha Moncrief worked as a health, safety, and environmental (HSE) quality manager for ISS Facility Services. She suffered from multiple physical ailments, including chronic obstructive pulmonary disease (COPD) and hypertension. After she became ill and was diagnosed with obstructive lung disease, her physician recommended she work from home and take frequent breaks.

Because of the COVID-19 pandemic, Moncrief and ISS's other staff members had been coming to the facility on a rotational basis. As a result, they had been working from home four days per week. When the employer required all staffers to return to working at the facility five days per week, Moncrief requested an accommodation so she could (1) continue doing her job from home two days a week and (2) take frequent breaks while working on-site.

Even though other HSE managers were allowed to continue working from home, ISS denied Moncrief's request. Almost one month later, her supervisor contacted HR recommending Moncrief be removed and replaced because of performance issues, and she was ultimately terminated.

EEOC's claims

The EEOC argues: