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The EEOC Updates to Its COVID-19 Technical Assistance
The Equal Employment Opportunities Commission (โEEOCโ) updated its COVID-19 Technical Assistance in view of the declaration by the U.S. government that the COVID-19 public health emergency has ended.
As the EEOC Chair announced, โThe end of the public health emergency is an important milestone, and this will help employees and employers understand how the Americans with Disabilities Act, the Rehabilitation Act, and other federal laws continue to protect our nationโs workforce from employment discrimination. The EEOC remains committed to vigorous enforcement of these laws.โ
Highlights of the updated guidance include:
- An admonishment that the end of the COVID-19 public health emergency does not alter employersโ obligation to continue to reasonably accommodate workers who suffered and/or continue to suffer from pandemic-related conditions.ย These situations must be considered on a case-by-case basis, just as with any other accommodation requests. ย Employers may, however, review individual circumstances to assess whether, in consultation with employees and presumably subject to appropriate documentation, accommodations granted during the public health emergency need to be continued.ย
- โReasonable accommodationsโ can include, by way of example, providing quiet workspaces, noise cancelling devices, help with lighting and computer glare, more frequent rest breaks, scheduling flexibility, and modification of non-essential โmarginalโ functions.ย Notably, a reasonable accommodation may also include continued, remote work.
- Providing tips for employers to address COVID-related harassment of employees who need to continue wearing a face mask or taking other related precautions.
The link below is to the complete updates:
What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
If you have questions relating to this update or general questions please contact a Wiggin and Dana Labor and Employment attorney.
