Life After COVID-19: EEOC Publishes New Update on COVID-19 Guidelines for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) recently released an update to its COVID-19 technical assistance, titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws." This update encompasses crucial insights for employers about the end of the federal declaration of the COVID-19 public health emergency, shedding light on reasonable accommodations and disability harassment. Here is what employers need to know: 

• • Ongoing Reasonable Accommodations: The EEOC warns employers that the conclusion of the COVID-19 public health emergency does not warrant automatic termination of reasonable accommodations granted during the pandemic. Instead, employers are encouraged to reassess those accommodations and, in collaboration with employees, determine whether a continued need for the accommodation exists.
  • Addressing Long COVID Accommodations: The EEOC’s update specifically addresses accommodations for employees experiencing long-term effects from their infection. It delineates a list of common, cost-effective examples of potential accommodations, such as a quiet workplace, use of noise-cancelling devices and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of “marginal functions” that involve physical exertion to address shortness of breath.
  • Combatting COVID-Related Harassment: The EEOC’s guidance also emphasizes the importance of preventing COVID-related harassment of applicants or employees with a disability-related need to continue wearing face masks or taking other COVID-19 precautions at work. Employees are urged to remain vigilant and promptly address any instances of harassment, ensuring a respectful work environment for all employees.

With the release of this update, the EEOC signals that it will continue to publish COVID-related guidelines in the post-emergency era. We encourage employers to stay informed by regularly checking for updates on the EEOC’s website. Our team will continue to monitor these updates, as well as the courts’ application of EEOC laws, to keep employers up to date on these issues.    

Please contact Jason Marsh, Loden Walker or any member of Phelps’ Labor and Employment team if you have questions or need advice or guidance.