EEOC offers guidance on accommodations during, after pandemic

The Equal Employment Opportunity Commission (EEOC) has released new guidance for employers, focusing on accommodating employees, either now or upon their eventual return from sheltering at home during the COVID-19 outbreak. Interestingly, the EEOC acknowledges more than once that current circumstances may make it more difficult to offer long-term accommodations. In addition, what might have been a reasonable request before the pandemic may no longer be one now. Nevertheless, the agency suggests short-term accommodations might be available without undue hardship on your business and that you should consider them.

Highlights of EEOC’s new guidance

Low-cost solutions. For workers who must perform their jobs at the workplace, preexisting disabilities may place them at a higher risk for contracting COVID-19. The EEOC says accommodations may be available through “low-cost solutions achieved with materials already on hand or easily obtained.” The agency specifically mentions “designating one-way aisles; [and] using plexiglass, tables or other barriers to ensure minimum distances between customers and coworkers whenever feasible per [Centers for Disease Control and Prevention (CDC)] guidance.”

To reduce exposure to the virus, the EEOC also suggests you consider temporary job restructuring, temporary transfers, or modified work schedules.

Mental illness. Employees may have a preexisting mental illness or disorder the COVID-19 pandemic has exacerbated. Absent undue hardship, would they now be entitled to a reasonable accommodation?