The Biden administration announced the end of the COVID-19 pandemic declaration on May 11, 2023. While the news has been dominated by the end of the Title 42 declaration, employers are facing uncharted waters, as well. Many employers created various workplace mandates, including vaccination requirements, social distancing, use of personal protective equipment, and payment of various COVID-19 needs. Federal and state regulations provided legal cover to employers to create these various COVID-19 mandates and financial assistance.

The EEOC has warned that regulations in place related to COVID-19 should not be abandoned wholesale. The EEOC has provided updated guidance for employers to navigate a post-pandemic workforce.

The main EEO laws impacted are:

• the Americans with Disabilities Act;
• Title VII of the Civil Rights Act of 1964, specifically religious objections; and
• the Age Discrimination in Employment Act (ADEA).

The Genetic Information Nondiscrimination Act (GINA) is implicated to a lesser degree.

A non-exhaustive list of issues most important to employers are:

• whether employers may ask about COVID-19 symptoms;
• why an employee was absent from work;
• COVID-19 vaccination requirements; and
• whether exemptions to a vaccination requirement should be granted.

The EEOC's guidance still permits employers to ask employees whether they have COVID-19 symptoms and screen for symptoms when reporting to work if it is a business necessity. Keeping a productive workforce free of...

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