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Latest EEOC Guidance for Employers in the COVID-19 Pandemic

Jun 12, 2020, 11:14 AM
Publication Type(s):
Client Alerts
Exlcude on home page:
No

In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

Family Concerns and Caregiver Responsibilities

1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

2.    Accommodations for childcare must be gender-neutral.

Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

Harassment

3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

Accommodations

4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

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  • employment
  • client alerts

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3 comments

Leave a comment
  1. 토토사이트 | Jul 04, 2020
    This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
  2. veona review | Jun 29, 2020
    I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
  3. 안전토토 | Jun 19, 2020
    This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

    Leave a comment

    Client Alert

    Latest EEOC Guidance for Employers in the COVID-19 Pandemic

    Jun 12, 2020, 11:14 AM
    Publication Type(s):
    Client Alerts
    Exlcude on home page:
    No

    In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

    Family Concerns and Caregiver Responsibilities

    1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

    The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

    2.    Accommodations for childcare must be gender-neutral.

    Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

    Harassment

    3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

    Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

    Accommodations

    4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

    As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

    5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

    In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

    6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

    Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

    Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

    Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

    IsRss:
    • employment
    • client alerts

    Linked PracticeAreas

    3 comments

    Leave a comment
    1. 토토사이트 | Jul 04, 2020
      This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
    2. veona review | Jun 29, 2020
      I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
    3. 안전토토 | Jun 19, 2020
      This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

      Leave a comment

      LABOR & EMPLOYMENT

      Latest EEOC Guidance for Employers in the COVID-19 Pandemic

      Jun 12, 2020, 11:14 AM
      Publication Type(s):
      Client Alerts
      Exlcude on home page:
      No

      In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

      Family Concerns and Caregiver Responsibilities

      1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

      The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

      2.    Accommodations for childcare must be gender-neutral.

      Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

      Harassment

      3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

      Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

      Accommodations

      4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

      As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

      5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

      In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

      6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

      Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

      Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

      Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

      IsRss:
      • employment
      • client alerts

      Linked PracticeAreas

      3 comments

      Leave a comment
      1. 토토사이트 | Jul 04, 2020
        This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
      2. veona review | Jun 29, 2020
        I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
      3. 안전토토 | Jun 19, 2020
        This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

        Leave a comment

        FINANCIAL REGULATION & THE CARES ACT

        Latest EEOC Guidance for Employers in the COVID-19 Pandemic

        Jun 12, 2020, 11:14 AM
        Publication Type(s):
        Client Alerts
        Exlcude on home page:
        No

        In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

        Family Concerns and Caregiver Responsibilities

        1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

        The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

        2.    Accommodations for childcare must be gender-neutral.

        Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

        Harassment

        3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

        Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

        Accommodations

        4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

        As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

        5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

        In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

        6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

        Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

        Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

        Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

        IsRss:
        • employment
        • client alerts

        Linked PracticeAreas

        3 comments

        Leave a comment
        1. 토토사이트 | Jul 04, 2020
          This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
        2. veona review | Jun 29, 2020
          I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
        3. 안전토토 | Jun 19, 2020
          This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

          Leave a comment

          ASSET MANAGEMENT

          Latest EEOC Guidance for Employers in the COVID-19 Pandemic

          Jun 12, 2020, 11:14 AM
          Publication Type(s):
          Client Alerts
          Exlcude on home page:
          No

          In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

          Family Concerns and Caregiver Responsibilities

          1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

          The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

          2.    Accommodations for childcare must be gender-neutral.

          Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

          Harassment

          3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

          Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

          Accommodations

          4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

          As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

          5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

          In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

          6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

          Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

          Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

          Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

          IsRss:
          • employment
          • client alerts

          Linked PracticeAreas

          3 comments

          Leave a comment
          1. 토토사이트 | Jul 04, 2020
            This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
          2. veona review | Jun 29, 2020
            I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
          3. 안전토토 | Jun 19, 2020
            This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

            Leave a comment

            TAX LAW

            Latest EEOC Guidance for Employers in the COVID-19 Pandemic

            Jun 12, 2020, 11:14 AM
            Publication Type(s):
            Client Alerts
            Exlcude on home page:
            No

            In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

            Family Concerns and Caregiver Responsibilities

            1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

            The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

            2.    Accommodations for childcare must be gender-neutral.

            Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

            Harassment

            3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

            Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

            Accommodations

            4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

            As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

            5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

            In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

            6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

            Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

            Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

            Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

            IsRss:
            • employment
            • client alerts

            Linked PracticeAreas

            3 comments

            Leave a comment
            1. 토토사이트 | Jul 04, 2020
              This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
            2. veona review | Jun 29, 2020
              I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
            3. 안전토토 | Jun 19, 2020
              This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

              Leave a comment

              REAL ESTATE & HOSPITALITY

              Latest EEOC Guidance for Employers in the COVID-19 Pandemic

              Jun 12, 2020, 11:14 AM
              Publication Type(s):
              Client Alerts
              Exlcude on home page:
              No

              In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

              Family Concerns and Caregiver Responsibilities

              1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

              The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

              2.    Accommodations for childcare must be gender-neutral.

              Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

              Harassment

              3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

              Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

              Accommodations

              4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

              As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

              5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

              In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

              6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

              Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

              Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

              Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

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              Leave a comment
              1. 토토사이트 | Jul 04, 2020
                This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
              2. veona review | Jun 29, 2020
                I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
              3. 안전토토 | Jun 19, 2020
                This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

                Leave a comment

                DISPUTES

                Latest EEOC Guidance for Employers in the COVID-19 Pandemic

                Jun 12, 2020, 11:14 AM
                Publication Type(s):
                Client Alerts
                Exlcude on home page:
                No

                In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

                Family Concerns and Caregiver Responsibilities

                1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

                The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

                2.    Accommodations for childcare must be gender-neutral.

                Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

                Harassment

                3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

                Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

                Accommodations

                4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

                As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

                5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

                In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

                6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

                Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

                Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

                Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

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                3 comments

                Leave a comment
                1. 토토사이트 | Jul 04, 2020
                  This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
                2. veona review | Jun 29, 2020
                  I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
                3. 안전토토 | Jun 19, 2020
                  This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

                  Leave a comment

                  PRIVACY & CYBERSECURITY

                  Latest EEOC Guidance for Employers in the COVID-19 Pandemic

                  Jun 12, 2020, 11:14 AM
                  Publication Type(s):
                  Client Alerts
                  Exlcude on home page:
                  No

                  In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

                  Family Concerns and Caregiver Responsibilities

                  1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

                  The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

                  2.    Accommodations for childcare must be gender-neutral.

                  Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

                  Harassment

                  3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

                  Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

                  Accommodations

                  4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

                  As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

                  5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

                  In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

                  6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

                  Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

                  Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

                  Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

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                  • employment
                  • client alerts

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                  3 comments

                  Leave a comment
                  1. 토토사이트 | Jul 04, 2020
                    This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
                  2. veona review | Jun 29, 2020
                    I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
                  3. 안전토토 | Jun 19, 2020
                    This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

                    Leave a comment

                    SECURITIES & CAPITAL MARKETS

                    Latest EEOC Guidance for Employers in the COVID-19 Pandemic

                    Jun 12, 2020, 11:14 AM
                    Publication Type(s):
                    Client Alerts
                    Exlcude on home page:
                    No

                    In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

                    Family Concerns and Caregiver Responsibilities

                    1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

                    The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

                    2.    Accommodations for childcare must be gender-neutral.

                    Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

                    Harassment

                    3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

                    Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

                    Accommodations

                    4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

                    As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

                    5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

                    In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

                    6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

                    Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

                    Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

                    Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

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                    • employment
                    • client alerts

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                    3 comments

                    Leave a comment
                    1. 토토사이트 | Jul 04, 2020
                      This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
                    2. veona review | Jun 29, 2020
                      I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
                    3. 안전토토 | Jun 19, 2020
                      This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

                      Leave a comment

                      EUROPE

                      Latest EEOC Guidance for Employers in the COVID-19 Pandemic

                      Jun 12, 2020, 11:14 AM
                      Publication Type(s):
                      Client Alerts
                      Exlcude on home page:
                      No

                      In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

                      Family Concerns and Caregiver Responsibilities

                      1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

                      The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

                      2.    Accommodations for childcare must be gender-neutral.

                      Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

                      Harassment

                      3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

                      Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

                      Accommodations

                      4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

                      As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

                      5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

                      In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

                      6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

                      Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

                      Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

                      Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

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                      • employment
                      • client alerts

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                      3 comments

                      Leave a comment
                      1. 토토사이트 | Jul 04, 2020
                        This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
                      2. veona review | Jun 29, 2020
                        I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
                      3. 안전토토 | Jun 19, 2020
                        This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

                        Leave a comment

                        LATIN AMERICA

                        Latest EEOC Guidance for Employers in the COVID-19 Pandemic

                        Jun 12, 2020, 11:14 AM
                        Publication Type(s):
                        Client Alerts
                        Exlcude on home page:
                        No

                        In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

                        Family Concerns and Caregiver Responsibilities

                        1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

                        The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

                        2.    Accommodations for childcare must be gender-neutral.

                        Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

                        Harassment

                        3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

                        Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

                        Accommodations

                        4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

                        As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

                        5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

                        In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

                        6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

                        Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

                        Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

                        Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

                        IsRss:
                        • employment
                        • client alerts

                        Linked PracticeAreas

                        3 comments

                        Leave a comment
                        1. 토토사이트 | Jul 04, 2020
                          This is my first time i visit here and I found so many interesting stuff in your blog especially it's discussion, thank you. 토토사이트
                        2. veona review | Jun 29, 2020
                          I have bookmarked your blog, the articles are way better than other similar blogs.. thanks for a great blog! veona review
                        3. 안전토토 | Jun 19, 2020
                          This content is written very well. Your use of formatting when making your points makes your observations very clear and easy to understand. Thank you. 안전토토

                          Leave a comment

                           

                          KEY INSIGHTS

                          Latest EEOC Guidance for Employers in the COVID-19 Pandemic

                          Jun 12, 2020, 11:14 AM
                          Publication Type(s):
                          Client Alerts
                          Exlcude on home page:
                          No

                          In the latest guidance from the EEOC, issued June 11, 2020, there are several critical clarifications for employers to be conscious of as the COVID-19 pandemic continues:

                          Family Concerns and Caregiver Responsibilities

                          1.    No accommodation under the Americans with Disabilities Act (“ADA”) must be given to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition.

                          The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom he or she is associated.

                          2.    Accommodations for childcare must be gender-neutral.

                          Employers who offer accommodations, such as telework or modified schedules to employees with children, cannot treat employees differently based on sex or any other EEO-protected characteristic. For example, under Title VII, female employees must not be treated more favorably than male employees due to gender-based assumptions regarding caretaking responsibilities.

                          Harassment

                          3.    Employers should ensure employees know pandemic-related harassment is prohibited in general and also, in particular, with respect to employees who are or are perceived to be Asian.

                          Employers should clearly communicate policies prohibiting pandemic-related harassment, which can occur when employees are in the workplace, teleworking, on leave or away from the workplace, and can originate from contractors, customers, or clients, including patients or their family members at healthcare facilities, assisted living facilities, and nursing homes. It is good practice to send the entire workforce a reminder of policies against harassment, and invite anyone who experiences or witnesses workplace harassment to report it, noting the anti-retaliation policy.

                          Accommodations

                          4.    Employers should invite employees to request flexibility in work arrangements in advance of having some or all employees return to the workplace.

                          As a best practice, employers should offer information in advance of returning to work to all employees, with instructions on who to contact to request accommodations that an employee may need upon his or her return to the workplace, even if no return date has been announced. This notice should state that the employer is willing to consider requests for accommodation on an individualized basis. If requests for accommodation based on disability are received in advance, the required interactive process under the ADA and Rehabilitation Act may begin then, also in advance of return. Consider including in this notice all CDC-listed medical conditions that put people at higher risk for severe illness if they get COVID-19. Employers also should specify if the person to contact differs based upon the reason for the request, i.e., if the person to contact is different for employees with disabilities or pregnant workers than for employees who have age-related or child-care responsibility requests.

                          5.    An employee’s request for an alternative method of screening due to a medical condition must be treated like any other request for accommodation under the ADA.

                          In this situation, employers must proceed as they would for any other request for accommodation under the ADA or the Rehabilitation Act. Consider voluntarily making a requested change available to anyone who asks, without the interactive process, if the change is easy to provide and inexpensive. If a requesting employee’s disability is not obvious or already known, employers can inquire of the employee information to establish that the condition is a disability, as well as what limitations require accommodation. If required, employers may request medical documentation supporting an employee’s request, then determine if that accommodation (or another effective accommodation) can be provided, absent undue hardship to the employer. Note, likewise, if the requested alternative method of screening is sought for religious accommodation, the employer should determine if the accommodation is available under Title VII, as it does in all other requests for religious accommodation.

                          6.    Employers cannot exclude employees who are 65 and older, or who are pregnant, from the workplace.

                          Employers are not permitted to single out employees based upon age or pregnancy for any adverse employment actions—including involuntary leave—even if the employer is motivated by a well-meaning concern for the employee.

                          Unlike the ADA, the Age Discrimination in Employment Act (“ADEA”) does not include a right to reasonable accommodation based on age. Note: Employers can choose to offer greater flexibility to workers 65 and older. The ADEA does not prohibit this and the latest EEOC guidance explicitly permits it.

                          Similarly, while pregnancy itself is not an ADA disability, pregnancy-related medical conditions can be. Thus, if an employee requests a reasonable accommodation due to a pregnancy-related medical condition, employers must consider it under the usual ADA rules.

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