We have an additional item this week in relation to COVID-19. The Equal Employment Opportunity Commission (EEOC) released an article on May 15, 2023 stating that they had made several updates to their COVID-19 technical assistance document, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” 

The EEOC clarified that the end of the public health emergency did not mean that reasonable accommodations could be automatically terminated but that employers would have to review these situations on a case-by case basis. They also highlighted that some “Long COVID” accommodation cases could be considered low or no-cost accommodations. The EEOC also highlighted the importance of non-retaliation for employees who had a disability-related need to continue with precautionary measures such as wearing a mask.

In addition, the EEOC clarified that an employer can still ask whether the employee has COVID-19 or common symptoms of COVID-19 and can require the employee follow the CDC Guidelines.

If you are unsure of which compliance issues apply to you, contact us at SWHRC today!

Magdalena Vigil-Tullar

Written by | Magdalena Vigil-Tullar


Phone: 505-270-7494 | Email: magdalena@swhrc.com

PO Box 14274 | Albuquerque, NM 87191

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