Blogs

On May 15, 2023, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance questions and answers titled What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. The update was due to the recent end of the federal COVID-19 public health emergency (PHE) and was the 20th time the Q&A was updated during the pandemic.   

Some updates explain what an employer must still do, even though the PHE has ended. For example, reasonable accommodations previously mandated may still be required for employees who need them for reasons such as long COVID. Other employees may have medical reasons for continuing to wear a mask, and bullying or harassment from other employees may constitute illegal harassment based on a disability.   

Other updates discuss what an employer may do, such as ask an employee in a workplace in close contact with others if they have symptoms associated with COVID-19. Employers may also ask why an employee has been absent from work. Asking where an employee traveled is also permissible. 

Any updates made by the EEOC on May 15, 2023, are indicated as “(Updated 5/15/23)” immediately after the question posed.  

While the PHE has ended, COVID-19 will continue to be present in many workplaces, and employers should expect to continue to manage the effects of the virus. If you need assistance or have any questions, please email Employers Council.