EEOC Guidance Provides Employers Answers to Numerous Questions Related to COVID-19 and the Workplace

May 8, 2020 - COVID-19 and the Legal Profession

Earlier this year, the United States Equal Employment Opportunity Commission established a webpage titled “Coronavirus and COVID-19,” with the goal of consolidating information, questions, and answers about the interplay between equal employment opportunity laws and COVID-19. One of the most useful tools available on the webpage is the EEOC’s question and answer document titled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” which the EEOC periodically updates. The document can be accessed through the “Coronavirus and COVID-19” webpage. The most recent update was posted on May 7, 2020, and deals primarily with the applicability of the Americans with Disabilities Act when employees with underlying health conditions return to work during the COVID-19 pandemic.

According to the EEOC, it is important to note that equal employment opportunity laws like the ADA, ADEA, and Title VII of the Civil Rights Act (prohibiting various forms of discrimination) remain in effect and enforceable during the COVID-19 pandemic. However, those laws should not interfere with employers’ ability to follow orders and guidelines from health authorities as they relate to employers and COVID-19. Because health authorities’ orders and guidance are rapidly evolving during the pandemic, and because the EEOC periodically updates “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” employers, employment law attorneys, and general practitioners should closely follow the changes and monitor the EEOC’s “Coronavirus and COVID-19” webpage.

Currently, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” includes questions and answers on the following topics: a) disability-related inquiries and medical examinations; b) confidentiality of medical information; c) hiring and onboarding; d) reasonable accommodation; e) pandemic-related harassment due to national origin, race, or other protected characteristics; f) furloughs and layoffs; and g) return to work.

Robert Jarosh
Billie LM Addleman
Hirst Applegate