EEOC files first COVID-19-related suit after employer rejects remote work request

Along with a new wave of post-COVID-19 litigation surfacing across the country, the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit against an employer for allegedly failing to accommodate and unlawfully terminating a disabled employee who had asked to work remotely because of the pandemic.

Facts

Ronisha Moncrief was a health, safety, and environmental (HSE) quality manager for ISS Facility Services, which provides office maintenance and management help. She worked at a pharmaceuticals manufacturing facility in Newton County, Georgia.

In early March 2020, Moncrief was diagnosed with obstructive lung disease. Consequently, she requested a reasonable accommodation under the Americans with Disabilities Act (ADA), which included working from home and taking frequent breaks from the job. Meanwhile, during the COVID-19 pandemic, ISS modified the work schedule at her facility so all employees could work from home four days a week and rotate to be in-person at the site on the other day.

In or around June 2020, however, ISS began requiring staffers to return to the facility five days a week. In response, Moncrief again asked to work from home two days a week and take frequent rest breaks. At the time, she allegedly told the employer she required the accommodation because of the severe pulmonary disease diagnosis, which put her at high risk for contracting COVID-19.