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Pandemic Leads to Accommodation Claims under Federal and State Laws

The New York District Office of the Equal Employment Opportunity Commission recently commented that it had received an increasing number of charges relating to the COVID-19 pandemic, all of which alleged violations of the reasonable accommodation mandate of the Americans with Disabilities Act (ADA).  While the number of filings was not disclosed, the New York State Division of Human Rights and the City Commission also indicated a growing number of such complaints, many alleging refusal to recall workers with disabilities due to health and exposure. As States around the country re-open their economies, compliance efforts should focus upon the anti-discrimination and accommodation provisions of the ADA and similar non-federal statutes.

Jackson Lewis P.C. © 2021National Law Review, Volume X, Number 174
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Jackson Lewis is a law firm that offers legal advice to employers through the many laws that impact on every aspect of an employer’s decision and ability to develop and implement a strategic, comprehensive preventive labor relations program. We provide labor advice to all employers – whether entirely unionized, entirely union-free or partially unionized – in every industry.

While the National Labor Relations Act has always applied to employees regardless of union representation, the Board’s decisions and initiatives in the...

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