Telework Requests Remain Tricky for Employers

Clifford Geiger
Clifford Geiger
11/17/2022
Often, an employee will present a doctor’s note recommending telework, or saying an employee may return to work remotely.  Suppose the employee’s job can be performed remotely.  Does the employer have to allow telework?  Or is the employer entitled to more information before deciding what to do?  In Owens v. Georgia, the U.S. Court of Appeals for the Eleventh Circuit recently explained what information a disabled employer must provide to her...
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The EEOC Takes On Its First COVID-Telework Lawsuit Under The ADA.

Earlier this month, the Equal Employment Opportunity Commission (EEOC) filed its first lawsuit under the American with Disabilities Act (ADA) against a facility management services company, ISS Facility Services, Inc., due its failure to permit one of its employees to continue working remotely amidst COVID.  The case is EEOC v. ISS Facility Servs., Inc., No. 1:21-CV-3708-SCJ-RDC (N.D. Ga. 2021). Ronisha Moncrief worked as a Health Safety and...
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Telework May Be A Continuing Reasonable Accommodation

The case of Brownlow v. Alfa Vision Insurance Co., No. 3:18-cv-01241 (M.D. Tenn. Mar. 22, 2021), involves a set of facts from pre-COVID times (2016 and 2017 to be exact).  Mr. Brownlow, a former claims appraiser for an automobile insurance company, was diagnosed with a variety of mental health conditions, including depression, anxiety and PTSD.  He requested and was granted the ability to telework as a reasonable accommodation for a period...
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