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First COVID-19 ADA Accommodation Lawsuit Filed by EEOC

2021-09-24

ISS Facility Services allegedly failed to provide an accommodation for a high-risk employee

On September 7, 2021, the Equal Employment Opportunity Commission (EEOC) filed the first ever COVID-19 related lawsuit against ISS Facility Services, Inc. (ISS) for allegedly denying an accommodation for telework.  The lawsuit was filed in the U.S. District Court for the Northern District of Georgia (N.D. Ga., No. 1:21-CV-3708-SCJ-RDC) on behalf of Ronisha Moncrief against ISS, a facility management services company headquartered in San Antonio.

Due to the pandemic, ISS required all of its employees to work from home four days per week from March 2020 until June 2020, at which point the company required all employees to return to work.  Moncrief worked as a health and safety manager in Covington, Georgia and requested an accommodation to work remotely two days per week as well as have frequent breaks while working on-site due to her disabilities.  She has chronic obstructive lung disease and hypertension which made her a high-risk for contracting COVID-19. 

Although ISS purportedly allowed other employee’s in the same position to work from home, Moncrief’s accommodation request was denied and her employment was terminated two months later.

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.