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ARTICLE · 12 MAY 2020

Updated EEOC COVID-19-Related Workplace Guidance

Wilson Elser Moskowitz Edelman & Dicker LLP
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On April 17, 2020, the EEOC issued updates to its recently revised technical assistance guidance to address questions arising under the federal Equal Employment Opportunity laws...

United StatesCoronavirus (COVID-19)

On April 17, 2020, the EEOC issued updates to its recently revised technical assistance guidance to address questions arising under the federal Equal Employment Opportunity laws related to the COVID-19 pandemic. In the guidance, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" the EEOC continues to address common COVID-19-related workplace inquiries.

In its latest update, the EEOC addressed the following topics:

  • Reasonable Accommodation. As to employee requests for accommodations, the EEOC reiterated that employers may ask questions and request medical documentation to determine whether the employee has a "disability" as defined by the Americans with Disabilities Act (ADA) and to engage in the interactive process to determine whether the disability necessitates an accommodation and, if so, how the proposed accommodation will enable the employee to perform the essential functions of his or her position. The

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