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

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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2 Responses to

  1. What is the source for the “physical conditions most likely to be recognized to qualify as disabling in a COVID rich workplace” list?

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