{"id":7517,"date":"2021-12-17T12:47:44","date_gmt":"2021-12-17T17:47:44","guid":{"rendered":"https:\/\/env-8605394.mightybox.site\/?post_type=news&p=7517"},"modified":"2024-09-24T13:34:25","modified_gmt":"2024-09-24T17:34:25","slug":"eeoc-issues-faqs-on-covid-19-as-a-disability-under-the-ada-2","status":"publish","type":"post","link":"https:\/\/techservealliance.org\/eeoc-issues-faqs-on-covid-19-as-a-disability-under-the-ada-2\/","title":{"rendered":"EEOC Issues FAQs on COVID-19 as a Disability Under the ADA"},"content":{"rendered":"\n

On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new items to its frequently asked questions and answers (FAQs<\/a>) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic.<\/p>\n\n\n\n

The new FAQs specifically address the definition of \u201cdisability\u201d under the Americans with Disabilities Act (ADA) and other federal laws that prohibit discrimination based on certain protected traits. Under these laws, employers may face liability if they discriminate against individuals based on disability or fail to provide reasonable accommodations to an otherwise qualified individual with a disability. An employer is subject to the ADA if it has 15 or more employees. Smaller employers may be subject to similar rules under applicable state or local laws.<\/p>\n\n\n\n

This Compliance Bulletin provides the EEOC\u2019s 14 new FAQs below. Employers that are subject to the ADA and other federal fair employment laws should not only become familiar with these FAQs but also review the EEOC\u2019s full guidance on COVID-19<\/a> and federal fair employment laws. The EEOC initially issued that guidance on March 18, 2020, and updated it several times since.<\/p>\n\n\n\n

Action Steps<\/strong><\/p>\n\n\n\n

All employers should follow the most current guidelines and suggestions for maintaining workplace safety, as issued by the Centers for Disease Control and Prevention<\/a> (CDC) and any applicable state or local health agencies. Employers with 15 or more employees should also become familiar with and follow the guidance provided in all of the EEOC\u2019s FAQs about compliance with federal fair employment laws. These and all smaller employers should also ensure that they comply with all applicable state and local anti-discrimination laws as well.<\/p>\n\n\n\n

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HIGHLIGHTS<\/strong><\/p>\n\n\n\n

ADA Disability Definition<\/strong><\/p>\n\n\n\n

The ADA broadly defines the term \u201cdisability\u201d to protect against discrimination based on \u201cactual\u201d disability, a \u201crecord of\u201d disability and \u201cbeing regarded as\u201d having a disability.<\/p>\n\n\n\n

COVID-19 Disability Guidance<\/strong><\/p>\n\n\n\n

The EEOC\u2019s newly added FAQs clarify, among other things, that:<\/p>\n\n\n\n