Equal Employment Opportunity Laws During COVID-19

April 24, 2020

The United States Equal Employment Opportunity Commission (EEOC) recently updated their technical assistance publication. This update addresses commonly asked questions about the Federal Equal Employment Opportunity Laws in accordance to the COVID-19 pandemic. The new publication entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” discusses the previous publication about the Americans with Disabilities Act (ADA) and the Rehabilitation Act, as well as including a question and answer section.

The question and answer section of the updated publication addresses concerns regarding returning to work, appropriate accommodations being made, and the current harassment protocol. Answers to common questions include:

• How much information may an employer request from an employee who calls in sick to protect its workforce during the COVID-19 pandemic?
• When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic?
• Does the ADA allow employees to stay home if they have symptoms of the COVID-19?
• May an employer disclose the name of an employee to a public health agency if they have COVID-19?
• If an employer is hiring, may it screen applicants for symptoms of COVID-19?

This publication also provides the public with resources on issues related to the current COVID-19 pandemic. The EEOC will continue to provide updates and assistance to the community during this public health crisis. To read the question and answer section, click here.

The main goal of the EEOC is to advance the opportunity of employees in the workplace and develop laws that prohibit employment discrimination. This includes discriminating against a job applicant or employee on the basis of sex, race, color, religion, age, or disability. Those who engage in discriminatory acts could face legal charges. Employers with at least 15 employees are covered under EEOC laws, as well as most labor unions. For more information on the EEOC, click here.

The experienced labor and employment attorneys at MacMain Leinhauser are available to answer any questions you have about the new employment laws and the effects COVID-19 has on workers in the United States. We are taking client inquiries over phone or video conference to maintain the health and safety within our staff and clients. Contact us online or call us today at 484-318-7106 for an initial consultation. Located in West Chester, Pennsylvania, we serve clients throughout Philadelphia and Chester County, Pennsylvania, as well as New Jersey.