The U.S. Equal Employment Opportunity Commission (EEOC) has recently released Q&A guidance titled "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws". The guidance was updated on April 23, 2020, and covers a variety of topics ranging from hiring and furloughs to pandemic-related harassment and returning employees to work. Here is a small sample of the many questions addressed in the guidance:
Q: Can an employer screen job applicants for
symptoms of COVID-19?
A: Yes, if the employer makes a conditional job
offer and screens all entering employees in the same type of
job.
Q: May an employer withdraw a job offer when it
needs an applicant to start immediately but the individual has
COVID-19 or symptoms of it?
A: Yes, for now. Based on current CDC guidance,
this individual cannot safely enter the workplace.
Q: May an employer withdraw a job offer or
unilaterally postpone a start date because an individual is 65+
years old or pregnant, both of which place them at higher risk from
COVID-19?
A: No. However, employers may choose to allow
telework or ask these individuals if they would like to postpone
their start date.
Q: Does the ADA require employers to offer
protection to individuals with disabilities that place them at
higher risk from COVID-19 as a reasonable accommodation?
A: Possibly, if no undue hardship to the
employer.
Q: During the pandemic, if an employee requests
an accommodation for a medical condition either at home or in the
workplace, may an employer still request information to determine
if the condition is a disability?
A: Yes. If not obvious or already known, employers
may ask questions or request medical documentation if needed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
