EEOC Guidance on COVID-19 and Reasonable Accommodations Under the ADA and Title VII

The Equal Employment Opportunity Commission (EEOC) has issued FAQ guidance about how employers should comply with the Americans with Disabilities Act (ADA) and other federal fair employment laws while also observing workplace safety guidelines during the COVID-19 pandemic. The FAQs were originally released on March 17, 2020, and were most recently updated on March 14, 2022.

The FAQs in section D of that guidance—which were first added to the original in April 2020 and later expanded and updated on June 11, and Sept. 8, 2020—focus on how employers should handle certain common requests for changes to the workplace or working conditions related to COVID-19. This Compliance Overview provides the 18 FAQs currently contained in section D of the EEOC’s full COVID-19 guidance, as updated on March 14, 2022.

Highlights

Section D of COVID-19 FAQs

Section D of the EEOC’s guidance on COVID-19 and fair employment laws includes 18 FAQs about reasonable accommodation for COVID-19 under the ADA and Title VII

COVID-19 Accommodations

Among other things, the FAQs in section D of the EEOC’s guidance clarify that employers must engage in an interactive process with any individual who requests a workplace change related to COVID-19.

LINKS AND RESOURCES

• EEOC’s full COVID-19 guidance: What You Should Know About COVID19 and the ADA, the Rehabilitation Act and Other EEO Laws
• Section D of the EEOC’s full COVID-19 guidance
• EEOC’s Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA, published Oct. 17, 2002