COVID-19: EEOC Updates Guidance on ADA and Other EEO Laws

The Equal Employment Opportunity Commission (EEOC) continuously updates its “What You Should Know” guidance related to COVID-19. It recently provided updates on June 11^th and 17^th. Here are some of the key takeaways:

• Employers may only use viral testing to verify the absence of COVID-19 as a bar to entry to return to work. Employers cannot use antibody testing for this purpose because it is an impermissible medical exam.
• Employers must engage in the interactive process with employees who are unable to take a viral test due to a medical condition, disability, or religious belief.
• Employers are not required to accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom she is associated. “For example, an employee without a disability is not entitled under the ADA to telework as an accommodation in order to protect a family member with a disability from potential COVID-19 exposure.”
• The EEOC warns against harassment of those who are or are perceived to be of an Asian national origin, including about the coronavirus or its origins, as is prohibited under Title VII.
• Employers may not discriminate against pregnant employees or employees aged 65 or older because of an increased risk of infection with COVID-19.

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