EEOC Updates Return-to-Work Guidelines

The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.

The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” provides approaches employers may adopt as they plan for employees returning to the workplace, including providing information to all employees about who to contact with requests for disability accommodation or other flexibilities, and inviting employees to make any requests in advance that the employer will consider on an individualized basis. This information is provided in Q&A G.6.

The updates also address requests for accommodation in the employer’s process for workplace screening, as well as frequently asked questions about COVID-19 and age discrimination, pregnancy discrimination, and sex discrimination involving employees with caretaking or family responsibilities.

Finally, there are new questions about steps employers may take to prevent and address harassment of employees who are or are perceived to be of Chinese or other Asian national origin, including reminding employers that workplace harassment may occur while employees are teleworking.

In response to inquiries from the public, the EEOC has provided resources on its website related to the pandemic in an employment context.  The agency will continue to monitor developments and provide assistance to the public as needed.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.