COVID-19 & Equal Employment Opportunity: EEOC Guidance And FAQs.pdf

provides a concise overview of employment rights during the COVID-19 pandemic, focusing on guidance from the Equal Employment Opportunity Commission (EEOC) in the US.

Relevant EEOC Guidance:

- Pandemic Preparedness in the Workplace and the American Disabilities Act (2009, updated 2020): Offers Q&As on various topics, including disability inquiries, medical exams, hiring, reasonable accommodation, pandemic-related harassment, furloughs/layoffs, and return to work.
- EEO Laws and COVID-19: EEOC enforces laws prohibiting discrimination based on ADA, Title VII (race, color, national origin, religion, sex), Age Discrimination in Employment Act, and Genetic Information Nondiscrimination Act. These laws remain applicable during the pandemic but do not interfere with following CDC/public health guidelines.

Americans with Disabilities Act (ADA):

- Disability-Related Inquiries & Medical Exams: The ADA regulates these practices to prevent disability discrimination. They are generally permitted after a conditional job offer, for all entering employees in the same category, and when there's a reasonable belief of impairment or direct threat to safety.
- COVID-19 Specifics:
- Employers can screen for COVID-19 symptoms post-offer for all applicants.
- Delayed start dates are allowed if following CDC/public health guidance.
- An offer may be withdrawn if an applicant has active COVID-19 or symptoms.
- Confidentiality: All medical information obtained through disability inquiries or exams must be kept confidential and stored separately from regular employment records.

Direct Threat & Pandemics:

- A "direct threat" is a significant risk of substantial harm that cannot be eliminated by reasonable accommodation. The COVID-19 pandemic currently meets this standard based on CDC/public health authority guidance.

Screening Practices:

- Medical tests must be job-related and consistent with business necessity. Mandatory testing should align with current public health recommendations regarding COVID-19.

Important Note: This summary provides a high-level overview. For legal advice, contact an attorney specializing in employment law. Detailed EEOC guidance documents are available at the Sikh Coalition's website (https://www.sikhcoalition.org/legal-help).