In response to the pandemic, the Federal District Court in Massachusetts just precluded an employer from firing an employee who said he was unable to work in the office due to a disability – he has asthma and is concerned about illness from Covid.
In May 2020, Gabriel Peeple’s employer, Clinical Support Options, required all managers to return to work. Peeples submitted a letter from his doctor indicating his need to work from home. His employer allowed that to continue for four weeks and then informed Peeples that he would have to return. Peeples eventually filed suit in Federal Court to enforce his right to telework. In a preliminary ruling, the Court ruled he was likely to prevail, and ordered the employer to continue the teleworking accommodation pending further hearing.
If you are facing discrimination at work related to a disability, call us.