EEOC Issues NEW FAQs Regarding Returning To Work Post-COVID

Ruder Ware
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Previously we reported on the EEOC’s post entitled “ What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

Today, the EEOC added valuable guidance for those employers gearing up to return employees to the workplace. Ironically, we have recently been addressing these same questions from many clients, so this guidance is very timely. The questions answered include the following:

    • What does an employee need to do in order to request reasonable accommodation from her employer because she has one of the medical conditions that CDC says may put her at higher risk for severe illness from COVID-19? (5/5/20)
    • If an employer already knows an employee has a medical condition that places him at higher risk for severe illness if he gets COVID-19 (for example, the employee has requested reasonable accommodation for the condition), is this information alone sufficient to bar the employee from the workplace during this health crisis without conducting an individualized assessment? (5/5/20)
    • What are examples of accommodation that, absent undue hardship, may eliminate (or reduce to an acceptable level) a direct threat to self? (5/5/20)

The full FAQ is available here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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