EEOC Updates its Guidance on Covid19

April 20, 2020

The EEOC has published updated guidance on managing your workforce during the COVID19 pandemic. In a revised set of FAQs, the EEOC covered a number of issues, such as:

Can you require sick employees to stay at home? (Yes)

Can you require a doctor’s note? (Yes, but you may need to be flexible on this during the pandemic)

Can you consistently require workers to take their temperatures before starting work (yes); can you screen new hires for COVID19? (Yes)

Can you withdraw an offer from a new hire if they test positive for Covid19 when you need them to start work immediately? (Yes)

Can you postpone “at risk” new hires from their start dates because they may catch COVID19? (NO!)

If a job can only be performed on site must you provide accommodations for “at risk” employees so as to minimize risk of exposure to Covid19? (Yes, you should consider reasonable accommodations like minimizing contact with people, improved barriers for social contact, and temporary adjustment of marginal duties)

Do you need to provide reasonable accommodations to teleworking employees? (Yes)

Can you ask workers while they work remotely whether they will need accommodations upon their return to the work site? (Yes)

Are the circumstances of the pandemic relevant to determining whether an accommodation is reasonable and whether there may exist an undue hardship? (Yes)

But wait, there’s more! Here’s the link: