MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Coronavirus and the ADA: EEOC expands Return to Work guidance

follow ada rules as you return to on-site work
Tim McElgunn
by Tim McElgunn
May 8, 2020
3 minute read
  • SHARE ON

The Equal Employment Opportunity Commission has added details to its guidance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

The commission made additions and changes to the section laying out Return to Work rules.

It addresses questions employers may have about accommodating employees with underlying medical conditions that may make them higher-risk for Covid-19-related illnesses as they return to on-site work.

The EEOC changed earlier guidance to clarify that the ADA does not allow employers to exclude employees from work locations simply because they have an underlying medical condition that the CDC says might pose a higher risk of severe illness if the individual contracts the coronavirus.

But employers can continue workplace screening and can exclude employees who have COVID-19 or symptoms and pose a direct threat of transmitting the disease to other workers.

However, as EEOC Legal Counsel Andrew Maunz explains in the new document, “Employers must do a thorough direct threat analysis, which includes an individualized assessment based on relevant factors and a determination of whether the threat can be reduced or eliminated through a reasonable accommodation.”

Threat analysis

The ADA direct threat requirement is a high standard.

It requires an employer to show that the individual has a disability that poses a “significant risk of substantial harm” to their own health under 29 C.F.R. section 1630.2(r) before they can be excluded from the workplace.

Under the ADA, such action is not allowed unless the employee’s disability poses a “direct threat” to their health that cannot be eliminated or reduced by reasonable accommodation after they return to work.

The guidance indicates that analysis of threat factors should include the severity of the pandemic in a particular area and the employee’s own health (for example, is the employee’s disability well-controlled), and particular job duties.

Analysis should also assess the likelihood that an individual will be exposed to the virus at the worksite. 

Measures you may be taking in general to protect all workers, such as disinfection or mandatory social distancing, are also relevant.

COVID-19 Accommodations

As workers return to work during the COVID-19 crisis, employers must consider whether there are reasonable accommodations that would eliminate or reduce risk so that it would be safe for high-risk employees to return to the workplace AND perform essential job functions.

If not, employers must consider accommodations that don’t require the worker to be onsite, such as telework, leave, or a job change/reassignment to a location where it may be safer for the employee to work or can work remotely. 

Identifying effective accommodation depends, among other things, on an employee’s job duties and the design of the workspace. 

Examples of potential accommodations provided by the EEOC’s new guidance include:

  • Additional or enhanced protective gowns, masks, gloves, or other gear beyond what the employer may generally provide
  • Additional or enhanced protective measures, for example, erecting a barrier between an employee with a disability and coworkers/the public or increasing the space between an employee with a disability and others.
  • Elimination or substitution of particular job duties not considered “essential” functions of a particular position.
  • Temporary modification of work schedules to decrease contact with coworkers and/or the public when on duty or commuting).
  • Moving the employee (for example, moving a person to the end of a production line rather than in the middle of it if that provides more social distancing).  
Tim McElgunn
Tim McElgunn
Tim, a member of the HRMorning staff, is a veteran writer and editor. His background includes producing and managing publications for Bloomberg, Frost & Sullivan, Gartner Group and McGraw-Hill.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader