News & Insights
Mar 17, 2020
UPDATED: MARCH 18, 2020 – 9:08 P.M. (CDT)
The Equal Employment Opportunity Commission (EEOC) has issued guidelines to help employers avoid violating the Americans with Disabilities Act (ADA) as they scramble to address the impact of COVID-19 on their employees and businesses.
The EEOC guidance is a reminder that employee privacy and health protections under the ADA continue to apply even in the midst of a global pandemic. The EEOC guidance, however, notes that some rules and procedures that might otherwise raise ADA concerns may be permissible under the circumstances:
The EEOC guidance also addresses new applicants both during the application process and after an offer is made but before they start work:
The EEOC guidance acknowledges the difficulty that employers will face in balancing the need to keep employees safe and healthy while respecting employee privacy. Employers should continue to follow the recommendations of all federal, state, and local health authorities, but to be mindful that the requirements of the ADA even in a time of crisis.
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