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Human Resources

BREAKING NEWS: EEOC ADDS NEW SECTION CLARIFYING WHEN COVID-19 MAY BE A DISABILITY, UPDATING TECHNICAL ASSISTANCE

Hey Compliance Warriors!

 

The U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19 technical assistance today adding a new section to clarify under what circumstances COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act.

 

EEOC’s new questions and answers focus broadly on COVID-19 and the definition of disability under Title I of the ADA and Section 501 of the Rehabilitation Act, which both address employment discrimination. The updates also provide examples illustrating how an individual diagnosed with COVID-19 or a post-COVID condition could be considered to have a disability under the laws the EEOC enforces.

 

“This update to our COVID-19 information provides an additional resource for employees and employers facing the varied manifestations of COVID-19,” said EEOC Chair Charlotte A. Burrows. “Like effects from other diseases, effects from COVID-19 can lead to a disability protected under the laws the EEOC enforces. Workers with disabilities stemming from COVID-19 are protected from employment discrimination and may be eligible for reasonable accommodations.”

 

Key information includes:

In some cases, an applicant’s or employee’s COVID-19 may cause impairments that are themselves disabilities under the ADA, regardless of whether the initial case of COVID-19 itself constituted an actual disability.
An applicant or employee whose COVID-19 results in mild symptoms that resolve in a few weeks—with no other consequences—will not have an ADA disability that could make someone eligible to receive a reasonable accommodation.
Applicants or employees with disabilities are not automatically entitled to reasonable accommodations under the ADA. They are entitled to a reasonable accommodation when their disability requires it, and the accommodation is not an undue hardship for the employer. But, employers can choose to do more than the ADA requires.
An employer risks violating the ADA if it relies on myths, fears, or stereotypes about a condition and prevents an employee’s return to work once the employee is no longer infectious and, therefore, medically able to return without posing a direct threat to others.

 

On July 26, 2021, the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) issued Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557. The DOJ/HHS Guidance focuses solely on long COVID. This new EEOC technical assistance focuses more broadly on COVID-19 and does so in the context of Title I of the ADA and section 501 of the Rehabilitation Act, which cover employment.

 

To assist the public, the EEOC has updated its guidance on employment and COVID-19 approximately 20 times throughout the pandemic.

 

 

Be Audit-Secure

Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”

 

Are you struggling with potential EEOC claims or violations?

 

How about when Big Boss is pushing back on what you KNOW needs to be done, but they just cannot seem to wrap their brains around the suggestions you are making?

 

Sometimes you need an internal investigation conducted by an UNBIASED 3rd PARTY before a claim, charge, or lawsuit is filed against the company and/or the responsible parties within.

 

I am an EEOC Certified Investigator

 

As an EEOC Certified Investigator, I have seen a lot of tough issues that employers really should have researched before making the decision to “do it the way we’ve always done it” OR “not let some employee handbook boss me around”.

 

How about the time when the accused is your friend or you have some sort of relationship with the person that could cause others to view you as biased during an investigation. Recusing yourself may be the indicated course of action in some cases.

 

Remember, sometimes even decisions resulting from only the best intentions still pave the road to… well… court! (gotcha!)

 

I am ready, willing, and able to provide these services at the same rate as my regular telephone or Zoom consultations.

 

https://secure-cart.anderecorp.com/one-on-one-consulting/

 

And, don’t forget – I am a credentialed EEO INVESTIGATOR.

 

So, when you come across issues related to discrimination or harassment and need an unbiased 3rd-party to conduct the investigation please also think of me.

 

I have been fully trained by EEOC Administrative Judges and other Investigators.

 

There is no need to dig the hole deeper by trying to do these things on your own when conflicting interests may be in play.

 

So, next time you want to pass the investigation on to a professional investigator who has no skin in the game, think of me!

 

 

Lisa Smith, SPHR, SHRM – SCP

Certified EEO Investigator (EEOC)

Lead Support and Content Chief – HelpDeskforHR.com

“You cannot be audit-proof, but you can Be Audit-Secure.”

Email support@helpdeskforHR.com to schedule a consultation.

The post BREAKING NEWS: EEOC ADDS NEW SECTION CLARIFYING WHEN COVID-19 MAY BE A DISABILITY, UPDATING TECHNICAL ASSISTANCE appeared first on Your HelpDesk for HR .

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