FAQtually speaking: How ADA, FMLA influence employers' coronavirus responses

Employers are looking for any guidance they can find on how to address employees with coronavirus symptoms or requests for accommodations or time off in light of the Americans with Disabilities Act (ADA) and/or the Family and Medical Leave Act (FMLA). Remarkably, with uncharacteristic speed, the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) have addressed some of the issues in new or updated FAQs (frequently asked questions) or guidance.

EEOC updates guidance on pandemics

In 2009, the EEOC published “Pandemic Preparedness in the Workplace and the [ADA].” The agency has updated the publication to reflect COVID-19's impact. Here are important excerpts:

May an ADA-covered employer send employees home if they display COVID-19-like symptoms during a pandemic? Yes. The EEOC has determined that as of March 2020, COVID-19 meets the ADA's direct-threat standard, which creates an exception to ADA protection when an employee's qualifying disability is a “direct threat.” In other words, the individual seeking protection creates a “significant risk of substantial harm to the health or safety” of himself or others that couldn't be eliminated by a reasonable accommodation.