On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic. The new FAQs were added to guidance that the EEOC previously issued on March 18, April 9, and April 17, 2020.

Employers are subject to the ADA if they have 15 or more employees. Smaller employers may be subject to similar rules under applicable state or local laws.

The EEOC’s pandemic guidance clarifies that employers may:

• Ask employees if they have COVID-19 symptoms;
• Require employees to stay home (and to provide medical notes before returning to work) if they have COVID-19 symptoms; and
• Screen applicants for COVID-19 symptoms after making conditional job offers.

Refer to the attached Compliance Bulletin for details.

EEOC Updates Employer Guidance on Coronavirus and the ADA