The coronavirus has wreaked havoc on New York’s workforce and economy, with unemployment rates hitting all-time highs. While it is understandable that a global pandemic like the coronavirus can cause job losses for completely justifiable reasons, it is also likely that the massive number of COVID-related terminations will lead to a tidal wave of employment-related lawsuits. Many of these claims will focus on allegations of discrimination against employees with virus-related disabilities. In preparation for this influx of litigation, this article provides an overview of “failure to accommodate” claims under the Americans with Disabilities Act (ADA), which will be a centerpiece of coronavirus litigation for years to come.

Does Coronavirus Constitute a ‘Disability’ Under the ADA?

A plaintiff can make out a prima facie case of disability discrimination arising from a failure to accommodate by showing that: (1) the plaintiff had a disability under the meaning of the ADA; (2) the employer had notice of the disability; (3) with reasonable accommodation, the plaintiff could perform the essential functions of the job; and (4) the employer refused to make such accommodations. McBride v. BIC Consumer Products Mfg. Co., 583 F.3d 92, 96-97 (2d Cir. 2009).