May 7, 2020
This summary covers only the legal considerations and not public health and safety recommendations for preventing the spread of COVID-19. Employers should consult the Center for Disease Control and public health agencies for how to keep their workforces safe.In 2009, the Equal Employment Opportunity Commission (“EEOC”) issued guidance entitled “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act.” More than a decade later, the EEOC has published updated guidance to address the ongoing national emergency caused by COVID-19. This week, EEOC followed-up with further practical guidance, in the form of an FAQ. The advice is crucial because—while on the periphery of many employers’ thoughts—aggressive workplace policies that may minimize the spread of the disease may also risk violation of federal anti-discrimination laws.
Related Practice: Labor and Employment