EEOC issues guidance on workplace anti-discrimination laws during COVID

On April 23, the U.S. Equal Employment Opportunity Commission issued a technical assistance bulletin titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

The document is intended to help employers navigate the impact of COVID-19 in the workplace. The guidance was written for the H1N1 pandemic, with added COVID-19 information appearing in bold.

The bulletin reminds employers that workplace anti-discrimination laws, including the Americans with Disabilities Act and the Rehabilitation Act, continue to apply during the COVID-19 pandemic.

Equal Employment Opportunity laws continue to apply during the pandemic, and they do not prevent employers from following COVID-19 public health guidelines outlined by the federal government or state and local public health authorities.

The bulletin includes a question and answer section on disability-related inquiries and medical exams, confidentiality of medical information, hiring and onboarding, reasonable accommodation, pandemic-related harassment due to national origin, race, or other protected characteristics, furloughs and layoffs.

In addition to the ADA and Rehabilitation Act, the EEOC enforces Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Genetic Information Nondiscrimination Act.