EEOC Sues ISS Facility Services for Disability Discrimination

U.S. Equal Employment Opportunity Commission (EEOC)
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U.S. Equal Employment Opportunity Commission (EEOC)

Facility Management Company Denied Employee’s Request to Work From Home to Protect Herself From COVID-19, Then Fired Her, Federal Agency Charges

ATLANTA – ISS Facility Services, Inc., a Denmark-based workplace experience and facility management company with U.S. headquarters in San Antonio, unlawfully denied its employee’s reasonable request for an accommodation for her disability and then fired her for requesting it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it recently filed.

According to the EEOC’s suit, Ronisha Moncrief worked for ISS as a health and safety manager at ISS’s Takeda facility in Covington, Georgia. From March 2020 through June 2020, ISS required all of its employees to work remotely four days per week due to the COVID-19 pandemic. In June 2020, when the facility re-opened, Moncrief requested an accommodation to work remotely two days per week and take frequent breaks while working onsite due to her pulmonary condition that causes her to have difficulty breathing and placed her at a greater risk of contracting COVID-19. Although the company allowed other employees in Moncrief’s position to work from home, it denied Moncrief’s request and, shortly thereafter, fired her.

Such alleged conduct violates the Americans with Disabilities Act (ADA). The EEOC filed suit (Civil Action No. 1:21-CV-3708-SCJ-RDC) in U.S. District Court for the Northern District of Georgia, Atlanta Division, after first attempting to reach a pre-litigation settlement via its conciliation process. The EEOC is seeking back pay, compensatory damages, and punitive damages for the employee, as well as injunctive relief to prevent future discrimination.

This case represents the first lawsuit the EEOC has filed about a request for an ADA accommodation related to COVID-19.

“The ADA requires employers to provide reasonable accommodations to employees with disabilities to ensure those with disabilities have an equal opportunity to work to their full ability,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office. “Denying a reasonable accommodation and terminating an employee because of her disability clearly violates the ADA at any time. In light of the additional risks to health and safety created by COVID-19, it is particularly concerning that an employer would take this action several months into a global pandemic.”

Darrell Graham, district director of the Atlanta office, said, “The EEOC is committed to enforcing the ADA to protect the rights of such aggrieved employees.”

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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