The COVID-19 pandemic presented numerous challenges for employers and workplaces across the globe. While COVID is not gone, the federal government did recently end the federal public health emergency. Shortly thereafter, on May 15, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued “capstone” technical guidance that aggregates more than 20 updates the EEOC made to the guidance throughout the pandemic. The EEOC’s guidance, which has been extensively written about on this blog, covers topics ranging from new testing guidance to how COVID-19 impacted employment retaliation claims.
With some experts predicting that the world could see an Omicron-level event occurring again within the next two years, it is important for employers to study what the EEOC views as the culmination of its guidance as employers must continue to navigate the intersection between COVID-19 and health threats like it with the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other EEO laws. This article does not attempt to summarize all of the voluminous capstone guidance but does address some of the more common ways the pandemic impacted the EEOC’s analysis of various employment concerns.
While the public health emergency is officially at an end, the EEOC guidance counsels that employers must continue to support employees facing health issues related to or arising during the pandemic. For example, reasonable accommodations provided while...
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