A disabled employee has sued his employer after he was fired for failing to return to the office following the COVID-19 pandemic. Zacchery Beval, who suffers from various medical conditions, has filed suit against his former employer, Electric Boat Corp., alleging discrimination under the Americans with Disabilities Act (ADA) and the Connecticut Fair Employment Practices Act. He claims that Electric Boat failed to provide reasonable accommodations by requiring him to return to the office after COVID-19.
Beval alleges that his medical conditions continue to put him at high risk for COVID-19. He also claims that walking from the parking lot to the workplace is physically challenging. Furthermore, he states that the workplace is poorly ventilated, crowded, and has mold, which increases his potential to contract COVID-19.
During the height of the pandemic, Beval could work from home. The employer allowed him to complete his job duties at home through October 2021 with the help of his union representative and medical documentation from his doctors. However, even though Beval could complete his job remotely with a company computer, Electric Boat nonetheless requested that Beval return to the office in person.
Beval then took an unpaid leave of absence under the Family and Medical Leave Act (FMLA) on the recommendation of his doctor to avoid contracting COVID-19. When his FMLA period ended on January 3, 2022, his doctor recommended that Beval continue working at home. Electric Boat would only allow Beval to work from home one or two days per week, which was insufficient to meet his needs.
As a result, Electric Boat placed Beval on an extended leave of absence. Beval contacted the employer’s Occupational Health Center on April 14, 2023, again requesting that he be permitted to work from home. Electric Boat again offered to allow him to work from home two days per week and in the office three days per week, contrary to the recommendations of Beval’s doctors. Ultimately, the employer directed Beval to report to work in person on August 21, 2023, or it would consider him to have resigned from his position at the employer.
Following his doctors’ recommendations, Beval did not return to work as his employer directed him and filed this suit against his former employer. He is seeking damages in the form of lost wages and benefits, as well as pain, suffering, and emotional distress.
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