Guest: Sharon Rennert, Senior Attorney Advisor in the Americans with Disabilities Act and Genetic Information Nondiscrimination Act (ADA/GINA) Division, Office of Legal Counsel with the U.S. Equal Employment Opportunity Commission (EEOC)
Host: Pamela Williamson, Assistant Project Director of the Southeast ADA Center
Contents
- COVID-19 and the ADA Resources from the U.S. Equal Employment Opportunity Commission (EEOC)
- COVID-19 in the Workplace Resources from the Centers for Disease Control and Prevention (CDC)
- More COVID-19, Employment and ADA Compliance Resources
COVID-19 and the ADA Resources from the U.S. Equal Employment Opportunity Commission (EEOC)
- What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Updated March 14, 2022
Link: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws- Section N. COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act
Link: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#N - Section D. Reasonable Accommodation
Link: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#D - Section K. Vaccinations – Overview, ADA, Title VII, and GINA
Link: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#K - Question K.5.- Under the ADA, may an employer require a COVID-19 vaccination for all employees entering the workplace, even though it knows that some employees may not get a vaccine because of a disability? [Includes discussion of “direct threat”]
Link: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#K.5 - Section E. Pandemic-Related Harassment Due to National Origin, Race, or Other Protected Characteristics
Link: eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#E
- Section N. COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act
- List of EEOC Materials Related to COVID-19
Link: eeoc.gov/coronavirus - Press Release: EEOC Files Disability Lawsuits in El Paso and Ft. Worth Based on COVID Related Discrimination (September 24, 2021)
Link: eeoc.gov/newsroom/eeoc-files-disability-lawsuits-el-paso-and-ft-worth-based-covid-related-discrimination - Press Release: EEOC Adds New Section Clarifying When COVID-19 May Be a Disability, Updating Technical Assistance (December 14, 2021)
Link: eeoc.gov/newsroom/eeoc-adds-new-section-clarifying-when-covid-19-may-be-disability-updating-technical - Pandemic Preparedness in the Workplace and the ADA
This 2009 publication was revised in March 2020 to address its application to COVID-19.
Link: eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-disabilities-act - The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws |Video Version – English | Video Version – Espanol
Link: eeoc.gov/laws/guidance/covid-19-pandemic-and-caregiver-discrimination-under-federal-employment
English Video: youtu.be/5QEirI0V7ug
Video Espanol: youtu.be/eTOSArV6znA - Federal Laws Protect You Against Employment Discrimination During the COVID-19 Pandemic
Link: eeoc.gov/federal-laws-protect-you-against-employment-discrimination-during-covid-19-pandemic - COVID-19 Workplace Safety Plan | PDF version
HTML: eeoc.gov/covid-19-workplace-safety-plan
PDF: eeoc.gov/sites/default/files/2022-03/Workplace%20Safety%20Plan.pdf - Religious Accommodation Request Form [PDF]
Sample Template of Vaccine Exemption for Religion: EEOC’s Internal Form
PDF: eeoc.gov/sites/default/files/2021-10/EEOC%20Religious%20Accommodation%20Request%20Form%20-%20for%20web.pdf
COVID-19 in the Workplace Resources from the Centers for Disease Control and Prevention (CDC)
- COVID-19 Resources for Workplaces & Businesses
Link: cdc.gov/coronavirus/2019-ncov/community/workplaces-businesses/index.html - People with Medical Conditions
Link: cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html - COVID-19 Information and Resources for People with Disabilities
Link: cdc.gov/ncbddd/humandevelopment/covid-19/index.html - COVID Data Tracker
Search your county or state to view COVID-19 data for your community.
Link: covid.cdc.gov/covid-data-tracker/#datatracker-home
More COVID-19, Employment and ADA Compliance Resources
- ADA & COVID-19 Portal – ADA, COVID-19 and Employment Resources
Source: ADA National Network (ADANN)
Link: adacovid19.org/employment - The ADA and Face Mask Policies
Updated: April 3, 2022
Source: Southeast ADA Center
Link: adasoutheast.org/disability-issues/ada-and-face-mask-policies - ADA Live Podcast Episode 102: Improving Employment Outcomes for People with Disabilities | Resources
Source: Southeast ADA Center
Podcast: adalive.org/episodes/episode-102
Resources: adalive.org/resources/episode-102-resources - Legal Brief: Brown v. Roanoke Rehabilitation
Source: Southeast ADA Center
Link: adasoutheast.org/court/brown-v-roanoke-rehabilitation-and-healthcare-center/ - Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557 [PDF]
On July 26, 2021, the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) issued this guidance that focuses solely on long COVID. (The EEOC technical assistance focuses more broadly on COVID-19 in the context of Title I of the ADA and Section 501 of the Rehabilitation Act, which cover employment.)
Source: U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS)
PDF: ada.gov/long_covid_joint_guidance.pdf - Job Accommodation and Compliance: Coronavirus Disease 2019 (COVID-19)
Includes information on the interactive process, safety concerns, telework, leave and unemployment, small business, self-employment, and more.
Source: Job Accommodation Network (JAN)
Link: askjan.org/topics/COVID-19.cfm - Office of Disability Employment Policy (ODEP) Coronavirus Resources: COVID-19 and Long COVID-19
Source: U.S. Department of Labor (DOL)
Link: dol.gov/agencies/odep/topics/coronavirus-covid-19-long-covid