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COVID-19—practical and fast facts for employer planning

April 2020 employment law letter
Authors: 
Brigette N. Eagan, Genova Burns LLC

As employers work on strategic plans for handling employment-related issues involving COVID-19—such as possible facility closings, telecommuting, and employee leave/compensations issues—they should keep in mind the following fast facts.

Stay informed

The Equal Employment Opportunity Commission (EEOC) is expected to release new guidance on COVID-19, which will help employers navigate their compliance with the Americans with Disabilities Act (ADA) in light of possible medical inquiries to be made of employees.

The EEOC's 2009 guidance on pandemics remains relevant. It discusses permissible medical inquiries and accommodations during a pandemic. You can access it at https://www.eeoc.gov/facts/pandemic_flu.html.

You should also follow instructions from the Centers for Disease Control and Prevention (CDC), which publishes up-to-date guidance for employers on dealing with the spread of the virus, workplace prevention, and how employers should manage employees suspected of having the virus or other illnesses. You can find the CDC guidance at https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/guidance-business-response.html. It will change in response to the spread of the virus.

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