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COVID-19 and the ADA, the Rehabilitation Act, and Other EEOC Laws

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The Equal Employment Opportunity Commission (EEOC) has posted an article regarding What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.

Basically, the EEOC 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/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. This includes evolving guidance found in the CDC publication, “Interim Public Health Recommendations for Fully Vaccinated People." Many common workplace inquiries about the COVID-19 pandemic are addressed in the CDC publication “General Business Frequently Asked Questions.”

Topics in this article include:

  • Disability-Related Inquiries and Medical Exams

  • Confidentiality of Medical Information

  • Hiring and Onboarding

  • Reasonable Accommodations

  • Pandemic-Related Harassment Due to National Origin, Race, or Other Protected Characteristics

  • Furloughs and Layoffs

  • Return to Work

  • Age

  • Caregivers/Family Responsibilities

  • Pregnancy

  • Vaccinations - Overview, ADA, Title VII, and GINA

  • Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates

  • Retaliation and Interference

  • COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act

On March 27, 2020 the EEOC provided a webinar ("3/27/20 Webinar") which was recorded and transcribed and is available at www.eeoc.gov/coronavirus.

For additional information, please contact EEOC Headquarters, 131 M Street, NE, Washington, DC 20507.
202-921-3191
1-800-669-6820 (TTY)
1-844-234-5122 (ASL Video Phone)

Thank you.

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If you observe a facility or entity that is not ADA or FHA compliant, please contact ADA Inspections Nationwide, LLC, 615-752-0060, or inspections4ada@gmail.com.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.