COVID-19’S Continuing Workplace Impact: EEOC Revises Pandemic Guidance Again

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On July 12, 2022, the EEOC issued updated COVID-19 guidance for employers, reflecting the ever-changing but persistent impact of the virus on the workplace. Key updates include the following: Workplace COVID-19 testing Previously, employers could require COVID-19 testing (although it is a medical exam under the ADA) because the EEOC recognized that a person with […]

EEOC Clarifies When COVID-19 Condition May Be a “Disability” Under the ADA

The EEOC updated its COVID-19 Technical Assistance Guidance on December 14, 2021. The Guidance’s new Subpart N discusses when COVID-19 or a post-COVID condition may qualify as an ADA covered “disability” triggering the statute’s anti-discrimination and reasonable accommodation requirements. Key points include: Not every COVID-19 related impairment constitutes a disability under the ADA, and the […]

EEOC Updates Guidance on COVID-19 and the Workplace

On September 8, 2020, the EEOC updated its technical assistance document, What You Should Know about COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (“WYSK”). The updated document revises two pre-existing Q&As that address employer testing and employee requests for accommodation in advance of a return to work. It also incorporates information that […]

EEOC Updates Guidance On COVID-19 And EEO Laws

Earlier today, the EEOC updated its Q&A Covid-19 Guidance as it relates to the ADA, the Rehabilitation Act, and other federal EEO laws. Key new provisions specify: The ADA does not require an employer to accommodate an employee without a disability in order to avoid exposing that employee’s family member who might be at a […]

EEOC Updates ADA Accommodations and EEO Reporting

On May 7, 2020, the EEOC updated an existing technical assistance publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws.” New questions and answers on “Return to Work” address an employer’s obligations to accommodate employees with underlying medical conditions as they begin to return to the workplace […]

The ADA: Understanding Your Obligations

As HR professionals, we take a lead role in making sure our workplace policies and practices are both compliant and ethical. We need to make sure our managers are operating under the same guidelines. One area where a high level of risk may be lurking is in responding to employee performance issues, concerns and requests […]