On June 17, 2020, the U.S. Equal Employment Opportunity Commission issued updated guidance concerning COVID-19 employment issues. We’ve compiled answers to frequently asked questions about the updated guidelines:
Does my employer need to accommodate me if I have a high-risk family member? No. The Americans with Disabilities Act (“ADA”) “does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom she is associated.”
Does my employer need to accommodate me if I am high-risk? Maybe. If you have one of the medical conditions identified by the Centers for Disease Control and Prevention (“CDC”) as placing people at a higher risk for COVID-19, and you request an accommodation or flexible work arrangement, then your employer must engage in the interactive process with you regarding that request.
Can I request an alternative method of screening? Maybe. If the request is due to a medical condition then your employer “should proceed as it would for any other request for accommodation under the ADA.” If the request is due to religious reasons, then your employer must reasonably accommodate you, unless the accommodation would create an undue hardship.
Can I request an accommodation if I am 65 or older? No. The Age Discrimination in Employment Act (“ADEA”) does not require accommodations on account of age. However, because the CDC has explained that individuals age 65 and older are at higher risk for severe cases of COVID-19, employers may voluntarily provide accommodations to employees age 65 and older.
Can my employer exclude me from the workplace if I am 65 or older? No. If you are 65 or older your employer cannot involuntarily exclude you based on you being 65 or older.
Can I request an accommodation if I am pregnant? Maybe. If you have a pregnancy-related medical condition that is a disability under the ADA, you may request a reasonable accommodation. If other employees are given job modifications, the ability to telework, different work schedules, or leave, you cannot be denied the same treatment based on pregnancy.
Can my employer exclude me from the workplace if I am pregnant? No. If you are pregnant your employer cannot involuntarily exclude you due to pregnancy.
Can my employer require that I submit to a COVID-19 antibody test to return to work? No. Antibody testing is not allowed under the ADA because it does not meet the ADA’s “job related and consistent with business necessity” standard for medical examinations or inquiries for current employees.
Can my employer require that I submit to a COVID-19 viral test to return to work? Yes. Viral testing is allowed under the ADA because it does meet the ADA’s “job related and consistent with business necessity” standard for medical examinations or inquiries for current employees. This is because an individual with the virus will pose a direct threat to the health of others.