To date, nearly 60 percent of coronavirus-related employment litigation falls into one of three categories: wrongful discharge, leave and discrimination, according to in-house tracking by my law firm, Ogletree, Deakins.

Twenty-five percent can be classified as discharge claims, which include whistleblower and retaliation issues stemming from employers’ failures to protect employees, follow guidance, and misuse of Coronavirus Aid, Relief, and Economic Security (CARES) Act funds; and employees’ refusals to return to work. Nineteen percent of claims are related to leave violations of the Family and Medical Leave Act (FMLA), Families First Coronavirus Response Act (FFCRA) and the CARES Act. Thirteen percent of COVID-19 claims can be categorized as discrimination, which include accommodations issues and are largely comprised of disability claims under the Americans with Disabilities Act.

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