The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Osmose Utilities Services, claiming the company failed to accommodate an employee’s request to work remotely after she suffered a stroke. The lawsuit, filed on September 16, alleges violations of the Americans with Disabilities Act (ADA).
The employee, whose responsibilities included handling customer inquiries and entering service tickets, requested to work from home full-time due to difficulties driving and exacerbated headaches caused by office lighting. According to the EEOC, Osmose denied her requests, including a proposal to work remotely on the days she had medical appointments. The company allowed her leave for appointments but terminated her employment after her supervisor raised concerns about her absences.
“Employers must provide reasonable accommodations to qualified individuals with disabilities,” stated an EEOC spokesperson. The lawsuit claims that Osmose’s actions not only violated the ADA by failing to accommodate the employee but also amounted to retaliation for her medical needs.
The case highlights ongoing challenges in the workplace regarding remote work accommodations. Remote work has been increasingly adopted since the onset of the COVID-19 pandemic, yet some employers are now requiring full-time office attendance. Under the ADA, employers are still obligated to consider remote work as a reasonable accommodation for employees with disabilities.
Historically, courts have ruled on the essential functions of jobs to determine whether remote work is feasible. For example, the 11th U.S. Circuit Court of Appeals recently ruled in favor of a national carrier that had fired a dispatcher with PTSD, citing that her job required full-time, in-person attendance. Similarly, the 4th Circuit rejected a claim from a Frito-Lay manager who argued for remote work during COVID, noting her role necessitated on-site presence.
In contrast, a 2018 ruling by the 6th Circuit found that a reasonable accommodation for an in-house attorney on modified bed rest included remote work, as her job did not require physical presence for most of her duties.
In this current lawsuit, the employee previously worked remotely when her office was relocated, and the EEOC argues that she could perform the essential functions of her role as a “One Call Locator” with the requested accommodations. The agency asserts that Osmose failed to demonstrate any undue hardship that would justify denying her requests.
You Might Be Interested In