EEOC Updates COVID-19 Guidance

May 23, 2023

What's New

EEOC revised its COVID-19 technical assistance guidance for employers after the COVID-19 public health emergency officially expired May 11.

EEOC’s original COVID-19 guidance—FAQs posted on EEOC’s website—was designed to help employers maintain compliance with the ADA and other federal EEO laws while responding to the COVID-19 pandemic.

The revised guidance:

• Continues to allow employers to ask employees whether they have COVID-19 or symptoms of it;
• Stresses that the ADA allows the taking of an employee’s temperature only in cases of business necessity and that an elevated temperature meets the business necessity standard if it is an indication of infection;
• Prohibits employers from automatically terminating reasonable accommodations that were provided for pandemic-related reasons;
• Replaces the term “COVID-19” with “COVID-19 or Long COVID.”

What It Means

The updated guidance is designed primarily to remind employers of their ADA compliance obligations even as the COVID-19 health emergency has expired. It also responds to questions posed by stakeholders since the guidance was last updated 10 months ago.

What You Should Do

CWC members that need EEOC guidance on questions related to COVID-19 compliance can contact us at [email protected]. If appropriate, we’ll seek additional clarification from the agency.

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