EEOC Updates Its COVID-19 Guidance

On May 5, 2020, the EEOC issued additional, revised technical assistance to employers, specifically addressing accommodations for employees at higher risk for more severe illness due to COVID-19. This update supplemented the agency's earlier guidance regarding best practices for diagnostic testing of employees, and the need to balance obligations under the Americans with Disabilities Act (ADA) with adherence to guidance from the Center for Disease Control (CDC) and state and local public health authorities regarding the COVID-19 pandemic. The EEOC also recently updated its existing Pandemic Preparedness in the Workplace and the Americans with Disabilities Act guidance.

In its latest guidance, the EEOC continues to emphasize that the ADA "do[es] not interfere with or prevent employers from following guidelines made by the CDC or state/local public health authorities" regarding COVID-19. This is particularly noteworthy in light of the growing number of state