EEOC Updates Guidance and Issues New FAQs about ADA

2 minute read

The Equal Employment Opportunity Commission (EEOC) has added new and updated frequently asked questions (FAQs) about how employers should comply with the Americans with Disability Act (ADA) and other employment laws while also following all emergency workplace safety guidelines during the pandemic.

The EEOC’s updated guidance clarifies that employers may:

• Require employees to stay home (and provide medical notes before returning to work) if they have COVID-19 symptoms
• Ask employees if they have COVID-19 or its symptoms
• Require employees to receive vaccinations
• Screen applicants for symptoms after making a conditional job offer

The new FAQs clarify:

• Offer incentives for employees who receive the COVID-19 vaccination
• Require employees who will be physically entering the workplace to be vaccinated
• Offer to provide vaccinations to employees and their family members on a voluntary basis

Employers should follow the most current guidelines for maintaining workplace safety as issued by the Centers for Disease Control and Prevention and other applicable state or local health agencies. Employers with 15 or more employees should become familiar with and follow the guidance provided in the EEOC’s FAQs about ADA compliance. These and smaller employers should ensure that they comply with state and local anti-discrimination laws as well.

For more information, download the following bulletins:

New EEOC Guidance on COVID-19, Vaccines, and the ADA

New EEOC FAQs about COVID-19 Vaccine Programs and Incentives

 This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.