We knew it was coming at some point, and now the Equal Employment Opportunity Commission (EEOC) has filed its first lawsuit alleging an employer violated the American with Disabilities Act (ADA) by not allowing for a “reasonable accommodation” in the COVID era. The particulars in this case involve teleworking – not a major concern to Dunkin’ franchisees – but the lawsuit itself sets the table for a host of COVID-related accommodation requests going forward. Remember that the ADA requires employers to make a reasonable accommodation for employees who have a disability (which is generally rather broadly defined). Filed in the U.S. District Court for the Northern District of Georgia, the EEOC action alleges that the employer, ISS Facility Services, Inc. violated the ADA by refusing to allow an employee with chronic obstructive lung disease and hypertension (and therefore at high risk to contract COVID-19) to work from home 2 days per week. From March 202 through June 2020, the company mandated that all employees work four days per week from home, and subsequently mandated they all return to work onsite full-time. Within a couple of months of the employee requesting the work-at-home accommodation, the company terminated her employment. Up to this point, courts have been reluctant to recognize telework as a reasonable accommodation under the ADA, however against the backdrop of the coronavirus pandemic, that perspective could change quickly.