National legal experts Tamika Newson and Ellen McCann discuss recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on how the Americans With Disabilities Act (ADA) impacts employers in the COVID-19 environment. Early on, the EEOC declared COVID-19 as a “direct threat” to the workplace. This means if an employee with COVID-19 presents themselves in the workplace, employers have an opportunity under the ADA to ask specific questions about their symptoms, direct them to not come to the workplace, and monitor when and how they return to work. We discuss this new guidance and best practices for granting accommodations under the ADA during the pandemic. 

Key takeaways

• In its recent guidance, the EEOC addressed underlying health conditions, and mental health in particular, noting that this may be an area where potential exposure will require employers to provide accommodations. [03:33]
• The EEOC recently clarified that employers are permitted to ask for medical information in response to the COVID-19 pandemic. However, it acknowledged that employers may not be able to get the same records as in normal times and encourages employers to make reasonable decisions. [04:34]
• Employers cannot make assumptions based on who they think is vulnerable — such as people 65 and older or pregnant women. Employees, however, can let their employers know if they have concerns and ask for accommodations. [06:51]
• What constitutes a reasonable accommodation? The EEOC is encouraging employers to make any accommodations they can to keep people with disabilities in the workforce, but the Commission is also being reasonable in its definition of undue hardship in this economic environment. [08:13]
• Accommodations granted during this time can be made on a temporary basis. Employers can revisit determinations as the pandemic situation changes. [10:23]

For more information, visit these EEOC resources:  

Pandemic Preparedness in the Workplace and the Americans With Disabilities Act

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Tamika Newson
Assistant Vice President and Legal Counsel, Unum's Law Group

Tamika Newson joined Unum after 22 years of employment law counseling and litigation as a Partner in several large law firms. Prior to joining Unum, she litigated employment matters nationwide. Tamika advises Human Resources on all employment-related legal issues, with particular emphasis on FMLA, ADA, leaves of absence, wage/hour compliance, military leaves, restrictive covenants and employee-relations issues. She also provides daily legal support to Unum's Leave Management Center and its ADA Services Center. Tamika received her BA from DePauw University and her JD from Hamline University School of Law (now Mitchell Hamline). She is a certified trainer for CE credit and is a frequent national speaker on FMLA and ADA. She has been selected as a “Best Lawyer in America” in the area of employment law every year from 2013 to 2019.    

More resources: 

EEOC Guidelines 

Check out the latest FAQs from the EEOC. Read more.

ADA Handbook 

Read Unum’s popular guidebook to the ADA

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