EEOC Updates COVID-19 Technical Guidance with Added Resources

The U.S. Equal Employment Opportunity Commission (EEOC”) has updated its technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws” to include additional information related to the EEOC’s position on various issues related to COVID-19. The updated guidance covers 18 questions and answers that have been adapted from two other EEOC resources, including an EEOC March 2020 webinar.

In the updated document, the EEOC clarifies two points related to employer COVID-19 testing and employees request of disability accommodations when returning to work. In the updated “A.6,” the EEOC more fully explains its position about employers screening employees for COVID-19 before permitting entry into the workplace, emphasizing that employers should stay abreast of current CDC and public health guidance on the accuracy and reliability of testing and interpretation of test results.  In the updated “D.8,” the EEOC clarifies its stance on an employer’s ability to invite employees not currently in the workplace to request disability accommodation before their physical return. 

Franczek will continue to monitor developments and provide updates. Please reach out to a Franczek attorney with any questions.