With COVID still creating chaos, litigation stemming from workplace interruption is beginning to trickle in with many concerning discriminations.
According to Fisher Phillips, LLC, forty-three percent of COVID related litigation cases were filed in the month of June alone, a total of 283 at the state and federal levels, which includes 41 class action suits. Many of the suits fall under two categories; Workplace discrimination and work-from-home/leave claims. According to the firm, “Of the 63 pandemic-related discrimination claims, many “sound like classic workplace disputes wrapped in a COVID-19 context.” Some examples of such claims include:
- A pregnant woman sued because she was replaced by a non-pregnant woman after she was furloughed.
- A disability accommodation request that required disclosure of their diagnosis resulted in a termination.
- A sexual harassment claim where the plaintiff accused her former employer of using the pandemic as a cover to get rid of her for refusing his advances.
- A worker was sent home then terminated after experiencing flu like symptoms despite a negative COVID test[1].
As for the work from home claims, many come from the fact that employees put in time off from work with legitimate reasons and not being granted. These include family emergencies, a possible COVID case or instructions to be self-isolated. Most of the claims have been from the hotspots for the virus, states such as California, New York and Florida.
As businesses begin to reopen, companies must make decisions about bringing their employees back. There is a fine line between furloughs induced by the pandemic and actual terminations.
[1] https://www.businessinsurance.com/article/20200707/NEWS08/912335501/COVID-19-coronavirus-pandemic-workplace-lawsuits-increasing-report-Fisher-Philli?utm_campaign=BI20200707DailyBriefing&utm_medium=email&utm_source=ActiveCampaign&utm_campaign=BI20200707DailyBriefing&utm_medium=email&utm_source=ActiveCampaign
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