The EEOC supplemented its guidance today on the ADA, reasonable accommodations and COVID-19. The new guidance adds several Q&As on accommodation, including whether employers must accommodate employee concerns about returning to work when the employees live with family members who are at risk of more serious illness from COVID-19. The EEOC believes no accommodation is required for such employees.
The new guidance also addresses several hot topics, such as whether employers may lawfully exclude pregnant or older employees (aged 65 or older) from the workplace (no), whether employers may treat employees age 65 or older better than employees aged 40 to 64 (yes), how employers should address race-based harassment for employees of Asian descent, the sex discrimination considerations for caregiver policies, and how employers can begin discussing necessary accommodations for employees at higher risk of severe illness before the workplace is scheduled to open. Read the supplemental guidance here.
Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition?