EEOC Updates Employer Guidance on Coronavirus and the ADA

On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic.

Employers are subject to the ADA if they have 15 or more employees.

The EEOC’s pandemic guidance clarifies that employers may:

  • Ask employees if they have COVID-19 symptoms;
  • Require employees to stay home (and to provide medical notes before returning to work) if they have COVID-19 symptoms; and
  • Screen applicants for COVID-19 symptoms after making conditional job offers.

The FAQs address testing, temperature monitoring, job offers, reasonable accommodation and confidentiality. Refer to the below Compliance Bulletin for details.

EEOC Updates Employer Guidance on Coronavirus and the ADA