EEOC Updates Employer Guidance on COVID-19 and the ADA

On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) issued an additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic. The new FAQ, which addresses antibody tests (see A.7), was added to guidance that the EEOC previously issued on March 18, 2020, and updated on April 9, 17, 23, May 7, and June 11, 2020.

The FAQs draw from the EEOC’s existing pandemic publication, Pandemic Preparedness in the Workplace and the ADA, to help employers navigate workplace issues related to COVID-19. In particular, the EEOC’s FAQs include information from a section of the publication that answers employer questions about what to do after a pandemic has been declared.

Read the full compliance bulletin linked below that contains the EEOC's updated FAQS.

Highlights

Employers must follow ADA rules while observing emergency guidelines issued by federal, state and local health authorities during the pandemic.

The EEOC’s pandemic guidance clarifies that employers may:

• Ask employees if they have COVID-19 symptoms;
• Require employees to stay home (and to provide medical notes before returning to work) if they have COVID-19 symptoms; and
• Screen applicants for COVID-19 symptoms after making conditional job offers.

Action Steps

• All employers should follow the most current guidelines and suggestions for maintaining workplace safety, as issued by the Centers for Disease Control and Prevention (CDC) and any applicable state or local health agencies.
• Employers with 15 or more employees should also become familiar with and follow the guidance provided in the EEOC’s FAQs about ADA compliance. These and all smaller employers should ensure that they comply with state and local anti-discrimination laws as well.