On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its technical assistance document, which includes Q&As on COVID-19 and its impact on federal discrimination laws such as the Americans with Disabilities Act (“ADA”).  The EEOC added 18 Q&As in this document by incorporating information sourced from the EEOC’s Pandemic Preparedness in the Workplace document and a previously-held EEOC webinar.  For the most part, the additional guidance addresses questions regarding screening and testing for COVID-19 before entering/returning to the workplace, maintaining confidentiality of medical information, and handling reasonable accommodation requests to telework (see A.6, A.8-14, B.5-8, D.14-16, D.18, F.2, and H.2).

Some highlights from the Q&As are as follows:

(Q&A B.5, 6, 7 & 8.)

(Q&A D.15 & 16.)

While the pandemic continues, employers should continue to follow federal, state and local guidelines to maintain a safe workplace, and should continue to be as flexible and creative as possible with handling reasonable accommodation requests.

If you have additional questions or concerns about the EEOC’s Q&As or other COVID-19 and ADA-related issues in the workplace, please contact Chaim Book at cbook@mb-llp.com or Sheryl Galler at sgaller@mb-llp.com.