Iss Facility Services, Inc., a prominent workplace experience and facility management company, has reached a settlement in a disability discrimination and retaliation lawsuit. The U.S. Equal Employment Opportunity Commission (EEOC) announced the resolution, highlighting the company’s agreement to pay $47,500 and implement crucial workplace adjustments.
The lawsuit, initiated by the EEOC, stemmed from allegations that ISS Facility Services violated the Americans with Disabilities Act (ADA). According to the EEOC’s complaint, Ronisha Moncrief, employed by ISS as a health and safety manager, experienced discriminatory practices after requesting a reasonable accommodation for her pulmonary condition.
During the period of March 2020 to June 2020, ISS Facility Services mandated remote work for employees four days a week due to the COVID-19 pandemic. However, upon requiring a full-time return to on-site work in June 2020, Moncrief requested to continue working remotely two days per week. She also requested frequent breaks while on-site, citing her pulmonary condition which heightened her risk of COVID-19 complications.
Despite evidence that ISS Facility Services permitted other employees in similar roles to work remotely, Moncrief’s accommodation request was denied. Subsequently, her employment was terminated shortly after. The EEOC asserted that this denial and subsequent termination constituted disability discrimination and retaliation under the ADA.
The ADA mandates that employers provide reasonable accommodations to employees with disabilities unless such accommodations pose an undue hardship to the business. It also prohibits employers from terminating employees based on their disability. The EEOC pursued legal action after initial conciliation efforts to reach a pre-litigation settlement proved unsuccessful. The case was filed in the U.S. District Court for the Northern District of Georgia, Atlanta Division, as Civil Action No. 1:21-cv-03708-SCJ-RDC.
The resolution, formalized through a two-year consent decree, requires ISS Facility Services to not only provide $47,500 in monetary damages to Moncrief but also to undertake significant steps to prevent future discrimination. These steps include comprehensive ADA training for employees, revisions to existing employment policies to ensure ADA compliance, and ongoing monitoring by the EEOC regarding the handling of accommodation requests.
Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office, emphasized the core principle of the ADA: ensuring equal opportunities for individuals with disabilities to utilize their full capabilities in the workplace through reasonable accommodations. He expressed satisfaction with the compensation provided to Moncrief and the company’s commitment to implementing preventative measures.
Darrell Graham, district director of the Atlanta EEOC office, reiterated the agency’s dedication to advocating for employees facing disability-based discrimination and securing appropriate relief.
The EEOC actively promotes workplace equality by enforcing federal laws against employment discrimination. Further information regarding disability discrimination and employee rights is readily available at https://www.eeoc.gov/eeoc-disability-related-resources. Individuals interested in staying informed about EEOC updates can subscribe to email notifications via email updates.
