Total Systems Services to Pay $65,000 for Disability Discrimination

Total Systems Services, LLC, a global payments processing company based in Columbus, GA, will pay $65,000 to settle claims of disability discrimination filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC’s lawsuit, from May through August 2020, a customer service representative with a disability worked in a Total Systems call center. During the pandemic, she requested to work remotely as a reasonable accommodation because of her high-risk status with regard to COVID-19. At the time, call center employees were regularly testing positive for the virus, the EEOC said in its complaint.

On the advice of her doctor, the employee requested to work remotely after a May 2020 workplace COVID-19 exposure. Total Systems denied the employee’s reasonable accommodation request based on criteria that applied equally to all customer service employees seeking to work remotely instead of engaging in an individualized assessment of the employee’s disability-related needs. This is a requirement of the Americans with Disabilities Act (ADA). To avoid exposure to the virus and the increased risk she faced if she contracted COVID-19, the employee went on medical leave. Afterward, the company again denied her request to work remotely, and she was required to return to the call center even though many other employees in her department had transitioned to remote work. Total Systems continually denied the employee’s request for a reasonable accommodation and the employee was ultimately forced to resign from her position, the EEOC said.

Understanding the Americans with Disabilities Act 

The Americans with Disabilities Act is based on the premise that no employee should have to choose between their health and their livelihood. Under the ADA, employers are required to make reasonable accommodations to employees who meet specific criteria. In this case, the employee had a doctor’s note stating that she was at high risk for the COVID-19 virus meaning that she was placing herself in danger by attending work in person. At the point at which the employee had requested to work remotely, several other employees had already transitioned into remote work. There was no good reason to deny the employee’s request to work remotely. Further, it did not place undue hardship on the employer because other employees were already working remotely.

Generally speaking, employers are required by the ADA to make reasonable accommodations for employees unless that accommodation would place undue hardship on the employer. In this case, the accommodation did not place undue hardship on the employer, the employee had a doctor’s note, and the employer still refused to accommodate her request. For that reason, the EEOC filed suit against the employer, recovering damages on behalf of the employee and forcing the company to provide training to its staff on the ADA and reasonable accommodations.

Talk to an Atlanta, GA Disability Discrimination Lawyer Today 

The Atlanta employment discrimination lawyers at Forsythe Law Firm, LLC represent the interests of employees who have been discriminated against in the workplace. Call our office today to schedule an appointment, and we can begin investigating your claims right away.

Source:

eeoc.gov/newsroom/total-systems-services-pay-65000-disability-discrimination-lawsuit