EEOC Updates COVID-19/ADA Guidance As We Move Toward Reopening the Economy

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April 17, 2020
Carlos Arevalo & Suzanne Newcomb
SmithAmundsen Labor & Employment Alert
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Back on March 18th as we were entering the COVID-19 health crisis, we addressed EEOC guidance on the impact of the ADA on COVID-19 preventative measures.  Fast forward to today, as our collective focus shifts to talk of “re-opening the economy,” the EEOC has updated its guidance.  Uncertainty abounds as to whether it will be business as usual or a new normal.  Undoubtedly though, employers will need to be mindful to avoid ADA pitfalls as restrictions are lifted, furloughed workers return and/or as new hires are brought onboard. 

The EEOC’s updated guidance addresses the following areas (new and revised information in bold):

Disability-Related Inquiries and Medical Exams

Confidentiality of Medical Information

Hiring and Onboarding guidance

Reasonable Accommodation

Pandemic-Related Harassment

Furloughs and Layoffs

Return to Work