HR Tip: EEOC issues updated Covid-19 Technical Assistance Publication

The publication, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" expands on a previous publication that focused on the ADA and Rehabilitation Act, and adds questions-and-answers on testing, medical exams, and essential workers.

Some of the updates include:

• Employers may screen employees for COVID-19. Any mandatory medical test must be job-related and consistent with business necessity, be on a nondiscriminatory basis, and results need to be retained as confidential medical records according to the ADA's requirements
• Employers can keep a log of employees' temperatures, although they must still maintain their confidentiality
• All medical information related to COVID-19 may be stored in existing medical files
• A temporary staffing agency or a contractor that places an employee in an employer's workplace can notify the employer of the worker's name if it learns the employee has COVID-19
• Employers cannot postpone a start date or withdraw a job offer because an individual is 65 years old or pregnant, both of which place them at higher risk from COVID-19, however, they can discuss telework or if the workers want to postpone their start date
• Employers can disclose employee names to a public health agency when it learns workers have COVID-19
• Employers should rely on the CDC, other public health authorities and reputable medical sources for guidance on emerging symptoms associated with the disease when choosing health screening questions
• There may be reasonable accommodations for individuals with disabilities, absent undue hardship to the employer, that could offer protection to an employee who, because of a preexisting disability, is at higher risk from COVID-19
• If an employee has a pre-existing condition, such as an anxiety disorder, that has been exacerbated by the pandemic, employers can ask questions to determine whether the condition is a disability and discuss accommodations
• Undue hardship during the pandemic was clarified. In some instances, an accommodation that would not have posed an undue hardship before the pandemic may pose one now. Loss of income, ability to conduct a needs assessment, acquire certain items, and delivery to teleworkers are considerations