• 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

  • 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

New EEOC guidelines help firms avoid COVID-19 lawsuits

handling telework requests medical inquiries more
Lynn Cavanaugh
by Lynn Cavanaugh
October 15, 2020
2 minute read
  • SHARE ON

As employers direct their remote or furloughed employees back to the workplace, the EEOC has issued new guidance to help them accommodate the individual needs of some workers – and avoid COVID-19 lawsuits.

On Sept. 8, 2020, the EEOC updated its online COVID-19 guidance with specific information related to handling confidentiality requirements, medical inquiries, telework accommodations and more.

Telework accommodations

Once an employer resumes normal business operations, post-pandemic telework isn’t automatic, says the EEOC. Whether remote work is a reasonable accommodation depends on the specific facts of each case.

When an employee at higher risk for COVID-19 asks for a remote accommodation, explore all options with the employee: Is remote work necessary or would taking certain safety protocols in the workplace address their concerns?

The ADA never requires an employer to eliminate essential job functions of a job. In other words, if an employee worked from home during the pandemic, that time could be considered a “trial period.” That should factor into whether the employee can perform their essential job functions now.

Employees age 65+

In its June guidance, the EEOC said employers can’t involuntarily exclude an employee from returning to the workplace because they’re 65 or older, even if they’re doing it to protect the employee.

The EEOC’s new guidelines allow employers to provide flexibility to older workers who are at higher risk of contracting COVID-19. This is in line with the Age Discrimination in Employment Act.

COVID-19 screenings

In earlier guidance, the EEOC said employers could require employees to submit to COVID-19 testing before permitting them to enter the workplace. Now, the EEOC is giving firms permission to “periodically” test someone to determine if their presence poses a threat to others.

COVID-19 questions

The new guidance permits a firm to ask employees entering the workplace if they have COVID-19 symptoms or have been tested for the virus, and bar those who refuse to answer.

Employers may also specifically ask “one employee as opposed to asking all employees” COVID-19-related questions, as long as they have a “reasonable belief” the employee might have the virus. However, firms may not ask an employee if they have family members with COVID-19. Such inquiries are prohibited under the Genetic Information Nondiscrimination ACT (GINA).

Confidential medical info

The ADA requires all medical information about any employee (temperature checks, medical questionnaires, etc.) be stored separately from their personnel file, says the new guidance.

If a manager discovers a worker has COVID-19, they must report it. They must also interview the employee, determine people with whom the employee has had contact and notify them of their potential exposure.

The EEOC reminds firms a worker’s COVID-19 diagnosis is confidential and employers must take measures to limit the number of people who know the identity of the employee.

Lynn Cavanaugh
Lynn Cavanaugh
Lynn, a member of the HRMorning staff, is an award-winning editor who writes about HR, benefits and compensation topics. Previously, she was editor-in-chief of Woman’s Own and American Woman magazines.

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