COVID-19 at work: navigating ADA obligations for high-risk individuals
As states reopen their economies and allow employees to return to their physical offices, employers need to consider a multitude of issues, including how to comply with employment laws in an entirely new environment. In a recent update to its COVID-19 technical assistance publication, the Equal Employment Opportunity Commission (EEOC) provides guidance to employers on the Americans with Disabilities Act (ADA) and its impact on employees who, because of underlying medical conditions, have been identified by the U.S. Centers for Disease Control and Prevention (CDC) as being at high risk for severe illness from the coronavirus.
Begin with interactive dialogue
At the outset, the EEOC’s guidance reminds employers of their obligation to engage in a good-faith interactive dialogue with an employee who requests a workplace accommodation because of a medical condition. In the COVID-19 environment, that may take the form of a high-risk employee informing you she needs a work-related change because of an underlying medical condition that makes her more vulnerable to severe illness from the coronavirus. If that happens, you should start a conversation with her to:
- Determine if her condition is a disability under the ADA; and
- Decide if a reasonable accommodation can be provided without undue hardship.
During the process, you may ask questions about and request medical documentation pertaining to the employee’s condition and her need for an accommodation.
What if no accommodation is requested?