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The litigation fallout against employers over COVID-19-related issues is starting to take shape in California – and there has been a definitive uptick in cases alleging the employer is not accommodating physical and/or mental disabilities under California’s version of the Americans with Disabilities Act (ADA). Accommodating employees’ physical and mental COVID-19-related illnesses has proven to be challenging for employers, but you can prevent (and defend against) potential litigation in this area by learning from recent cases.
Prime Example
One such example is the recent lawsuit filed by Jonathan Pantani against his former employer, Instapage, Inc. Pantani alleges that Instapage failed to accommodate him after he suffered an anxiety attack related to COVID-19.