ANALYSIS: RTO, Covid Issues to Drive Ramp-Up in ADA Litigation

The Covid-19 pandemic has created a host of challenges for employers. As more employees return to the office in 2022, employers will face tricky compliance questions—and, most likely, increased litigation—under one body of law in particular: the Americans with Disabilities Act (ADA) and its state and local counterparts.

Litigation and Charge Trends

As employers call employees back to the office, either full-time or on a hybrid schedule, three issues will likely drive an uptick in ADA litigation:

• requests for telework as a reasonable accommodation;
• long-haul Covid-19; and
• vaccine mandates and exemption policies.

This anticipated rise in ADA litigation ...