New England Biz Law Update
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a utilities service company alleging violations of the Americans with Disabilities Act (ADA).
The suit claims that the company denied reasonable accommodations to an employee who had suffered a stroke and subsequently terminated her employment. The case centers around Decreshia Render, who worked as a “one call locator” for Osmose Utilities, Inc. Following a stroke that left her with health challenges, including vision impairment, memory loss, and headaches, Render sought accommodations to continue performing her job duties. Initially, she requested to work remotely fulltime, citing her inability to drive and the exacerbation of her stroke-related symptoms caused by office lighting.
When this request was denied, the employee proposed an alternative arrangement, asking to work from home two to three days a week to accommodate her physical therapy appointments — appointments that were near her home, but over an hour away from her employer’s office.
Despite having previously allowed remote work during an office relocation, Osmose Utilities allegedly refused both of these accommodation requests.
The situation escalated as the company reportedly began pressuring the employee about her medical appointments. While Osmose granted her leave to attend these appointments, management allegedly complained about her absences and urged her to end her treatment early.
Six weeks after returning from FMLA leave, Render was terminated without warning or performance-related justification, according to the complaint. The EEOC is seeking back pay, compensatory damages, and punitive damages for the employee, as well as injunctive relief to prevent future discrimination.
Remote work and ADA protections
The lawsuit is part of a broader conversation about the rights of employees with disabilities to reasonable accommodations, particularly in the context of remote work. Post-pandemic, many companies have called for a return to in-office work, but the EEOC is reminding employers that remote work may still be a reasonable accommodation under the ADA.
While some courts have sided with employers in cases where in-person attendance was deemed essential, examples like this one highlight that accommodation decisions must be made based on the specific duties of the job and the employee’s needs.
