By: William H. Andrews, Of Counsel
On September 8, 2020, the U.S. Equal Employment Opportunity Commission updated its technical assistance document "What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (WYSK)." The updated WYSK adds eighteen (18) questions and answers that have been adapted from two other EEOC technical assistance resources: “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” and a March 27, 2020 EEOC webinar. The EEOC also updated two existing WYSK Q&As in order to provide helpful clarifications that reinforce prior EEOC statements about COVID-19 and the EEO laws. The additional questions provide further guidance on an employers’ ability to require testing, ask questions about COVID-19 symptoms, and respond to employees who will not provide information. There is additional information regarding the protection of confidential medical information, reasonable accommodations, furloughs/layoffs, and the treatment of older workers.
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