Home Health & Hospice Week

Firm up your knowledge of how COVID-19 and employment law intersect with new guidance from the Equal Opportunity Employment Commission.

The EEOC has added to its question-and-answer set addressing topics ranging from what qualifies as a disability to what counts as a reasonable accommodation.

For example: “Is an employee entitled to an accommo­dation under the [Americans with Disabilities Act] in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition?” asks a question posted on June 11.

“No,” the EEOC responds. “Although the ADA prohibits discrimination based on association with an individual with a disability, that protection is limited to disparate treatment or harassment. The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom she is associated,” the Q&A says.

“Employers are, of course, permitted to accommodate employees who are concerned about family member exposure provided that accommodations are not offered in a discrimi­natory matter,” point out attorneys David Baron, Michelle Roberts Gonzales, and George Ingham with law firm Hogan Lovells in online analysis.

Another critical question: “If an employer provides telework, modified schedules, or other benefits to employees with school-age children due to school closures or distance learning during the pandemic, are there sex discrimination considerations?” another Q&A posits.

“Employers may provide any flexibilities as long as they are not treating employees differently based on sex or other EEO-protected characteristics,” the EEOC says. “For example, under Title VII, female employees cannot be given more favorable treatment than male employees because of a gender-based assumption about who may have caretaking responsibilities for children.”

Don’t forget: “There may be state and local legislative developments that could impact the guidance provided by the EEOC,” caution attorneys Gregg Kahn and Laura Stutz with law firm Wilson Elser in online analysis.

The 45 Q&As are at www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws.