EEOC Issues Update to COVID-19 Guidance in Response to End of Public Health Emergency

This week the Equal Employment Opportunity Commission (EEOC) published updates to its COVID-19 technical assistance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” This is the first update to the question and answer publication since July 2022. 

In announcing the update, EEOC Chair Charlotte A. Burrows stated:

“The end of the public health emergency is an important milestone, and this [updated guidance] will help employees and employers understand how the Americans with Disabilities Act, the Rehabilitation Act, and other federal laws continue to protect our nation’s workforce from employment discrimination. The EEOC remains committed to vigorous enforcement of these laws.”

The document offers insights on several issues including:

• Noting that automatic termination of reasonable accommodations provided due to pandemic-related circumstances is not appropriate. However, through an interactive process with the employee, the employer can assess the current situation to see if there is a continuing need for an accommodation.
• Reminding employers that disability-related inquiries and medical exams are generally prohibited unless they are job-related and consistent with business necessity. Inquiries regarding a specific employee can meet the business necessity standard if they are necessary to determine if the individual has a medical condition that would pose a direct threat to health or safety.
• Advising employers to keep current with the Center for Disease Control (CDC) guidelines to determine what steps are needed to support an employee’s safe return to the workplace after being infected with COVID.

The questions and answers in the technical assistance identify the date that each was published or updated. This makes it easier for employers to recognize which sections are new or amended. The technical assistance guide, with May 15, 2023 updates, can be found at https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws.