TLG Managing Partner Jeff Tenenbaum Quoted in CEO Update Article, “Post-Pandemic Return to Work Generated More ADA Claims”

TLG Managing Partner Jeff Tenenbaum was quoted in a CEO Update article entitled, “Post-Pandemic Return to Work Generated More ADA Claims.” “CEO Update consulted two attorneys with nonprofit practices and conducted an email survey of association CEOs on the issue. The attorneys said ADA claims increased immediately after the pandemic and have tapered off, but remain higher than before COVID forced most office employees to work from home. Remote work opened employees’ eyes to what was possible. ‘I’ve had more of these disability accommodation calls with clients than I can count,’ said Jeff Tenenbaum, managing partner at Tenenbaum Law Group. ‘It’s something on top of everyone’s mind. It’s been an evolving situation and moving target since COVID.’ … “The lawyers’ involvement is usually on an advisory basis, rather than in court. By their nature, ADA claims are dependent on individual circumstances and therefore not suited for class action lawsuits. ‘This is all very individual-specific, fact-specific,’ Tenenbaum said.” … “When workers do get accommodations, they aren’t always what they asked for, Tenenbaum said. ‘If someone has a disability, the employer has to make a reasonable accommodation that does not pose an undue burden on the employer and that still allows the employee to perform the essential functions of the job,’ Tenenbaum said. Among the claims he has seen are those where employees say they can’t be startled by others coming up behind them, Tenenbaum said. Such employees may have post-traumatic stress disorder from military service or domestic abuse. ‘We’ve dealt with that a couple of times with clients in D.C.,’ he said. ‘In those cases, employers offered solutions such as a private office, a desk positioned so the employee’s back is to the wall and noise-canceling headphones. If that is a reasonable accommodation, then that is sufficient,’ Tenenbaum said. ‘The employee doesn’t get to say, ‘No, I want to work from home.’’”