The workplace impact of the response to the COVID-19 outbreak has caused employers to act with understandable caution. Because there are many unknowns about the disease itself, employers are seeking guidance to ensure that, under the guise of employee safety and health, they do not violate other workplace laws. As states ease stay-at-home orders and once reluctant remote workers began to trickle back to workplaces, employers should rely on existing nondiscriminatory practices as well as pay particular attention to guidance from the U.S. Equal Employment Opportunity Commission (EEOC), Department of Labor and Occupational Safety and Health Administration (OSHA) and other entities that regulate workplace issues.

Guidance for Employers From the EEOC

On May 7, the EEOC updated guidance to employers and specifically reminded employers that  “the EEO laws, including the Americans with Disabilities Act (ADA) and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state and local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety.”