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EEOC raises its first pandemic-related ADA lawsuit



The US Equal Employment Opportunity Commission filed its first pandemic-related U.S. with the Disability Act on Wednesday, accusing a company of dismissing a woman with a lung condition after refusing to address her disability.

The lawsuit was filed against ISS Facility Services Inc., a Denmark-based workplace experience and plant management company headquartered in San Antonio.

Due to the pandemic, ISS employees worked at their Takeda facility in Covington, Georgia remotely four days a week from March to June 2020, according to the EEOC.

In March 2020, Ronisha Moncrief, who worked there as head of health and safety, was diagnosed with obstructive pulmonary disease, according to the lawsuit.

In June 2020, when the facility reopened. and the staff said they would return to the facility five days a week, she requested a residence to work remotely two days a week and often take breaks while working on site because of her condition, making it difficult for her to breathe and puts her at greater risk of developing COVID-1

9, the EEOC said.

Although the company allowed other employees in Moncrief's position to work from home, it denied her request and shortly afterwards dismissed her, the EEOC said.

The trial, Equal Employment Opportunity Commission v. ISS Facility Services, Inc., filed with the U.S. District Court in Atlanta, accuses ISS of crimes ADA and seeks compensation, damages, punitive damages and injunctions.

The company did not respond to a request for comment.

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