Nearly five years after the COVID-19 lockdown shifted millions of American employees into remote work, controversy still exists as to whether people in certain positions should be allowed work from home. In many cases, the arguments involve questions of productivity versus convenience. However, a Georgia claim shows there are situations where an employer might be required by law to let someone work remotely as a reasonable accommodation for their disability.
Total Systems Services, LLC, a global payments processing company headquartered in Columbus, has agreed to pay $65,000 to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). In the claim, the EEOC alleged a violation of the Americans with Disability Act occurred when a telephone-based customer service representative was not allowed to work from home during four months in 2020. She had requested the accommodation under the ADA based on her doctor’s advice that she at high-risk for COVID-19 exposure after a previous bout with the coronavirus.
Despite her repeated requests and the fact that her position made it possible for her to do her job from her residence, Total Systems denied her request. The denial was based on criteria applied uniformly to all customer service representatives seeking remote work, rather than considering her specific disability-related needs as required by the ADA. This failure to conduct an individualized assessment violated the ADA’s mandate according to the EEOC.
The ADA requires employers to provide reasonable accommodations to employees with disabilities unless doing so would impose an undue hardship on the business. Accommodations must be assessed on a case-by-case basis to address the employee’s specific circumstances. Blanket policies that fail to consider individual needs, as alleged in this case, do not satisfy the ADA’s requirements.
As Total Systems Services was apparently unable to demonstrate any undue hardship that would have ensued the employee worked remotely, they agreed to pay her and to implement measures to prevent future violations.
Workers and companies alike should heed the lesson from this case that refusing to engage in a process that examines an individual employee’s disability and job duties could constitute unlawful disability discrimination. Should you be unsure about where the line is drawn regarding the reasonableness of an ADA accommodation, if you believe your ADA rights have been violated or if you’re a business owner being accused of illegal bias, The Reddy Law Firm, P.C. in Alpharetta can help. We represent Georgia employers and employees in a full range of discrimination claims. Please call 678-629-3246 or contact us online to schedule an appointment.
