EEOC SUES TO ESTABLISH COVID TELEWORK ADA RIGHT

Here we go. EEOC has gone to federal court to begin fleshing out a statutory right to telework under the ADA for those who qualify as disabled under the ADA and for whom telework would be a reasonable accommodation. Given how many Americans are resisting vaccinations or prefer a treatment of horse de-wormer and Clorox Chewables, this virus is likely to be with us for a long time. So, union reps should follow this case, as reported in Bloomberg News, closely to see what precedents are set for them to follow.  Below is a list of those physical conditions most likely to be recognized to qualify as disabling in a COVID rich workplace.

• Been receiving active cancer treatment for tumors or cancers of the blood
• Received an organ transplant and are taking medicine to suppress the immune system
• Received a stem cell transplant within the last 2 years or are taking medicine to suppress the immune system
• Moderate or severe primary immunodeficiency (such as DiGeorge syndrome, Wiskott-Aldrich syndrome)
• Advanced or untreated HIV infection
• Active treatment with high-dose corticosteroids or other drugs that may suppress your immune response
• Chronic kidney disease
• Chronic lung diseases, including COPD (chronic obstructive pulmonary disease), asthma (moderate-to-severe), interstitial lung disease, cystic fibrosis, and pulmonary hypertension
• Diabetes (type 1 or type 2)
• Down syndrome
• Having heart conditions such as heart failure, coronary artery disease, cardiomyopathies, and possibly high blood pressure (hypertension)
• Immunocompromised state (weakened immune system)
• Liver disease
• Overweight and obesity (defined as a body mass index(BMI) > 25 kg/m² but < 30 kg/m²), obesity (BMI ≥30 kg/m² but < 40 kg/m²), or severe obesity (BMI of ≥40 kg/m²)
• Pregnant and recently pregnant people (for at least 42 days following end of pregnancy)
• Sickle cell disease or thalassemia
• Solid organ or blood stem cell transplant
• Substance use disorders