COVID-19 Leads to Increased Disability Accommodation Claims

On May 27, 2020, the U.S. Equal Employment Opportunity Commission’s (“EEOC”) office in New York, headed by Deputy Director Judy Keenan, revealed that the most prevalent employment claims relating to the COVID-19 pandemic concern employees’ rights for reasonable accommodations under the Americans with Discriminations Act (“ADA”).  Foreseeably, many of these claims are brought by workers with disabilities, who are required to report to work despite having an underlying medical condition that compromise their immune systems.

The ADA requires private employers and governmental entities to engage in discussions with employees with known disabilities and provide them with reasonable accommodations.  The EEOC has identified telework and staggered work schedules as some of the more common reasonable accommodations an employer can offer an employee in order to reduce an employee’s chances of contracting COVID-19 in the workplace.  While an employer must provide reasonable accommodations to eligible employees, an employer is not required to provide an accommodation that poses an undue hardship on the employer or other employees.  

Workers who believe their employer has failed to provide a reasonable accommodation or has subjected them to other workplace violations should seek legal counsel to analyze their potential claims.  Workers are also encouraged to check Faruqi & Faruqi, LLP’s Workers’ Guide to COVID-19 periodically for information and updates regarding workers’ rights during this difficult time.