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Once Again, the EEOC Revises Its Covid-19 Guidance

The EEOC revised its COVID-19 Guidance on May 15, which it has now done approximately 20 times since the beginning of the pandemic.

As we have discussed in the past, the federal government’s pandemic declaration related to COVID-19 provided employers with an automatic exception to the ADA’s prohibition against medical examinations. (Post-employment medical examinations must be job-related and consistent with business necessity, and determining whether an employee has COVID-19 and thus poses a direct threat will generally be job-related and consistent with business necessity.)

Per the new Guidance, employers may still ask an ill employee if they have COVID-19 or are experiencing COVID-19 symptoms and the results of a COVID-19 test if they have recently been tested. Critically, the Guidance stresses that the ADA does not prevent an employer from following CDC recommendations regarding COVID-19.

Employers may ask employees if they have been in contact with anyone with COVID-19, but asking an employee if they have infected family members would violate GINA.

In recognizing the impact of Long COVID, the EEOC provided these examples of possible accommodations: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of “marginal functions” that involve physical exertion to address shortness of breath.

Once Again, the EEOC Revises Its Covid-19 Guidance

The EEOC revised its COVID-19 Guidance on May 15, which it has now done approximately 20 times since the beginning of the pandemic.

As we have discussed in the past, the federal government’s pandemic declaration related to COVID-19 provided employers with an automatic exception to the ADA’s prohibition against medical examinations. (Post-employment medical examinations must be job-related and consistent with business necessity, and determining whether an employee has COVID-19 and thus poses a direct threat will generally be job-related and consistent with business necessity.)

Per the new Guidance, employers may still ask an ill employee if they have COVID-19 or are experiencing COVID-19 symptoms and the results of a COVID-19 test if they have recently been tested. Critically, the Guidance stresses that the ADA does not prevent an employer from following CDC recommendations regarding COVID-19.

Employers may ask employees if they have been in contact with anyone with COVID-19, but asking an employee if they have infected family members would violate GINA.

In recognizing the impact of Long COVID, the EEOC provided these examples of possible accommodations: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of “marginal functions” that involve physical exertion to address shortness of breath.

Once Again, the EEOC Revises Its Covid-19 Guidance

The EEOC revised its COVID-19 Guidance on May 15, which it has now done approximately 20 times since the beginning of the pandemic.

As we have discussed in the past, the federal government’s pandemic declaration related to COVID-19 provided employers with an automatic exception to the ADA’s prohibition against medical examinations. (Post-employment medical examinations must be job-related and consistent with business necessity, and determining whether an employee has COVID-19 and thus poses a direct threat will generally be job-related and consistent with business necessity.)

Per the new Guidance, employers may still ask an ill employee if they have COVID-19 or are experiencing COVID-19 symptoms and the results of a COVID-19 test if they have recently been tested. Critically, the Guidance stresses that the ADA does not prevent an employer from following CDC recommendations regarding COVID-19.

Employers may ask employees if they have been in contact with anyone with COVID-19, but asking an employee if they have infected family members would violate GINA.

In recognizing the impact of Long COVID, the EEOC provided these examples of possible accommodations: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of “marginal functions” that involve physical exertion to address shortness of breath.

Once Again, the EEOC Revises Its Covid-19 Guidance

The EEOC revised its COVID-19 Guidance on May 15, which it has now done approximately 20 times since the beginning of the pandemic.

As we have discussed in the past, the federal government’s pandemic declaration related to COVID-19 provided employers with an automatic exception to the ADA’s prohibition against medical examinations. (Post-employment medical examinations must be job-related and consistent with business necessity, and determining whether an employee has COVID-19 and thus poses a direct threat will generally be job-related and consistent with business necessity.)

Per the new Guidance, employers may still ask an ill employee if they have COVID-19 or are experiencing COVID-19 symptoms and the results of a COVID-19 test if they have recently been tested. Critically, the Guidance stresses that the ADA does not prevent an employer from following CDC recommendations regarding COVID-19.

Employers may ask employees if they have been in contact with anyone with COVID-19, but asking an employee if they have infected family members would violate GINA.

In recognizing the impact of Long COVID, the EEOC provided these examples of possible accommodations: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of “marginal functions” that involve physical exertion to address shortness of breath.

Once Again, the EEOC Revises Its Covid-19 Guidance

The EEOC revised its COVID-19 Guidance on May 15, which it has now done approximately 20 times since the beginning of the pandemic.

As we have discussed in the past, the federal government’s pandemic declaration related to COVID-19 provided employers with an automatic exception to the ADA’s prohibition against medical examinations. (Post-employment medical examinations must be job-related and consistent with business necessity, and determining whether an employee has COVID-19 and thus poses a direct threat will generally be job-related and consistent with business necessity.)

Per the new Guidance, employers may still ask an ill employee if they have COVID-19 or are experiencing COVID-19 symptoms and the results of a COVID-19 test if they have recently been tested. Critically, the Guidance stresses that the ADA does not prevent an employer from following CDC recommendations regarding COVID-19.

Employers may ask employees if they have been in contact with anyone with COVID-19, but asking an employee if they have infected family members would violate GINA.

In recognizing the impact of Long COVID, the EEOC provided these examples of possible accommodations: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of “marginal functions” that involve physical exertion to address shortness of breath.

Once Again, the EEOC Revises Its Covid-19 Guidance

The EEOC revised its COVID-19 Guidance on May 15, which it has now done approximately 20 times since the beginning of the pandemic.

As we have discussed in the past, the federal government’s pandemic declaration related to COVID-19 provided employers with an automatic exception to the ADA’s prohibition against medical examinations. (Post-employment medical examinations must be job-related and consistent with business necessity, and determining whether an employee has COVID-19 and thus poses a direct threat will generally be job-related and consistent with business necessity.)

Per the new Guidance, employers may still ask an ill employee if they have COVID-19 or are experiencing COVID-19 symptoms and the results of a COVID-19 test if they have recently been tested. Critically, the Guidance stresses that the ADA does not prevent an employer from following CDC recommendations regarding COVID-19.

Employers may ask employees if they have been in contact with anyone with COVID-19, but asking an employee if they have infected family members would violate GINA.

In recognizing the impact of Long COVID, the EEOC provided these examples of possible accommodations: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of “marginal functions” that involve physical exertion to address shortness of breath.