COVID-19 Lawsuits Against U.S. Employers

Even though restrictions related to COVID-19 have eased (they are nearly non-existent), employers continue to face covid-related legal complaints from employees in the United States. Here are some numbers from the Statista Research Department to note.

– 24,520: Total number of COVID-19 labor-related lawsuits in the U.S.

– 2,700: As of August 2023, the most common COVID-19 related lawsuit made by employees was employment discrimination. 

An employer cannot stop an employee from working altogether, just because the employee is older, pregnant, has a disability, or take care of someone with a disability. The employer can make an employee stay home if the employee has COVID-19 and is currently infectious. The employer can also make an employee stay home if the employee has a disability that makes the employee vulnerable, but only if coming to work would create a significant risk of substantial harm to the employee’s health that can’t be reduced through reasonable accommodation. And, even if the employee can’t go to work because of a disability, the employee might be able to work from home as a reasonable accommodation. Employees should talk with their employer if a reasonable accommodation is needed. Consult the Job Accommodation Network for types of accommodations, at the Job Accommodation Network

See: Federal Laws Protect You Against Employment Discrimination During the COVID-19 Pandemic

– 2,000: The number of vaccine-related registered lawsuits 

On January 25, 2022, the Occupational Safety and Health Administration withdrew its Covid-19 Vaccination and Testing emergency regulation, eliminating mandates on employers with 100 or more employees to require their employees to be fully vaccinated against Covid-19 by Jan. 4, 2022, or submit to weekly Covid-19 testing, among other public health measures. See OSHA Interim Final Rule, COVID-19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61,402 (Nov. 5, 2021).

Resources

U.S. Equal Employment Opportunity Commission (EEOC) 

• Coronavirus and COVID-19
• What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Centers for Disease Control and Prevention (CDC)

• COVID Data Tracker

Bloomberg Law Practical Guidance

• Employment, Checklist – Considerations for Employer-mandated Covid-19 Vaccination Programs (Annotated)

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