In a ruling of particular significance in the current COVID-19 era, the U.S. Court of Appeals for the Sixth Circuit recently ruled in Kirilenko-Ison v. Board of Education of Danville Independent Schools that employee advocacy on behalf of a disabled third party is protected by the Americans with Disabilities Act (ADA). Employers should anticipate scenarios where employees such as managers, supervisors and HR professionals are advocating on behalf of employees within their purview for specific accommodations or policy exceptions related to COVID-19. This type of advocacy may be subject to protection under the ADA and employers should be cautious to avoid responding negatively to these efforts so as to avoid potential retaliation claims.
Shulman Rogers Employment Law attorneys are available to discuss this topic further.
