May 28, 2020

Pandemic-related ADA Accommodation Claims Up

The number of lawsuits filed by workers alleging their employers have not accommodated their needs under the Americans with Disabilities Act (ADA) and other state and local statutes far outnumbers any other kind of charges stemming from the COVID-19 crisis, according to Judy Keenan, the deputy director of the New York EEOC office.

The NY office oversees bias claims for the state as well as the New England region, and Keenan noted at an NYC Bar Association meeting that her office has seen a significant number of accommodation cases. 

Keenan emphasized that employers can minimize their ADA violations through a variety of accommodation strategies, such as allowing workers concerned about their health to continue telecommuting until proper precautions can be enacted at the workplace. 

Additionally, she noted, many of the measures that can help accommodate disabled workers are the same ones that will provide workplace safety for all employees, such as ensuring proper social distancing space, providing PPE and sanitizing supplies, and developing schedules that prevent workplace overcrowding.

Echoing Keenan has been the NYS Human Rights Division general counsel Caroline Downey, who confirmed that most of the cases they were looking at included workplace accommodation issues. 

As the state continues to reopen, expect more complaints to center around the issue of caregiving, particularly when employees are requested to return to work but have significant family caregiving obligations.

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The Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

The Week in FFCRA Cases Includes a Class Action Suit against the USDA

July 24, 2020
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Four cases came across the wire this week and we have chosen to highlight them all. One case is the first class action lawsuit filed under the FFCRA and concerns potentially millions of people seeking SNAP aid. The three other suits that were filed this week follow a familiar line for anyone who has been reading our updates. People are getting sick or have family members getting sick and are then denied their right to paid leave and are terminated.

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