The Equal Employment Opportunity Commission (EEOC) released updated guidance entitled “Pandemic Preparedness in the Workplace and the Americans With Disabilities Act” that can help employers implement strategies to navigate the impact of COVID-19 in the workplace.
This pandemic publication, written during the prior H1N1 outbreak, is still relevant today and identifies established ADA and Rehabilitation Act principles to answer questions frequently asked about the workplace during a pandemic.
Key Points:
- The COVID-19 pandemic presents challenges for employers trying to protect their workforce from the spread of the virus, while also protecting the privacy of employee medical information.
- The EEOC has issued new guidance on how employers can appropriately respond to COVID-19 without running afoul of federal disability discrimination laws.
- While the ADA and the Rehabilitation Act continue to apply during the pandemic, these laws do not prevent employers from following the guidelines issued by the CDC or state and local health authorities.
- The EEOC’s guidance clarifies how, consistent with federal disability discrimination laws, employers may (i) screen new hires and employees for COVID-19, including by using temperature checks; (ii) protect the workforce by delaying start dates for new hires and removing employees from the workplace who present a risk of transmitting the virus to others; (iii) notify coworkers who may have been exposed to the virus due an employee testing positive; and (iv) ensure that employees returning to work are fit to do so through certification by a health care provider.
- As the pandemic continues to spread and evolve, so too will public health advice. Employers should keep current with the latest recommendations issued by the CDC and applicable public health authorities as the actions they may take will be shaped by those recommendations.
