EEOC COVID-19 Guidance: Potential High-Risk Employees – Return To Work And Accommodations

On May 5, 2020, the Equal Employment Opportunity Commission (EEOC) issued updates to its COVID-19-related frequently asked questions guidance to address the return to work and accommodation of employees who may have underlying conditions that put them at greater risk of severe illness from COVID-19.

• Accommodation Requested. If an employee has one of the medical conditions identified by the Centers for Disease Control and Prevention (CDC) that may put the employee at higher risk of severe illness from COVID-19, the EEOC advises that the employee, or a third party such as the employee's doctor, notify the employer that the employee needs an accommodation for a reason related to an underlying medical condition. The request may be formal or informal and does not need to expressly refer to a "reasonable accommodation." A request, in conversation or in writing, stating that a change is required to meet a medical need is sufficient to trigger the interactive process.