On May 11 the Biden-Harris administration ended the COVID-19 public health emergency and ceased vaccination requirements for federal employees, federal contractors, and international air travelers. In light of this announcement, on May 15 the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance on COVID-19 in the workplace, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
This technical assistance has been updated numerous times throughout the pandemic, but the EEOC has signaled this recent update is the capstone to its comprehensive resource of questions and answers on COVID-19 and the anti-discrimination laws enforced by the EEOC.
A few key updates identified by the EEOC include:
- The end of the COVID-19 public health emergency does not mean employers can automatically terminate reasonable accommodations that were provided due to pandemic-related circumstances. However, they may evaluate accommodations granted during the public health emergency, and, in consultation with the employee, assess on an individual basis whether the reasonable accommodation is still needed.
- For employees with long COVID, the updates include common examples of possible reasonable accommodations, including a quiet workspace, noise cancelling devices, and uninterrupted worktime to address brain fog; alternative lighting and reduced 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. Many of these are low- or no-cost accommodations.
- For employers, the updates include tips about remaining alert for harassment of applicants or employees with a disability-related need to continue wearing a face mask or take other COVID-19 precautions at work.
The updated EEOC guidance recommends that employers regularly consult CDC guidance on requirements to keep workplaces safe from COVID-19 and to be vigilant about complying with the Americans with Disabilities Act (ADA) as it may apply to employees who had or may have had COVID-19. Employers should review any existing COVID-19 protocols or policies to ensure that they are currently consistent with the ADA, applicable OSHA regulations, and current CDC guidance regarding COVID-19 and potential exposures in the workplace.
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