EEOC Releases Updated Guidance to Employers Regarding ADA-Compliant Practices During the COVID-19 Crisis: The Updated EEOC Guidance Provides Further Clarity for Employers Concerning the ADA and COVID-19

Sullivan & Cromwell LLP - September 10, 2020

On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) released additional updates to its technical assistance bulletin entitled, “What You Should Know About COVID 19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”  The updated bulletin explains that COVID-19 testing administered by employers in accordance with current CDC guidance will meet the ADA’s “business necessity” standard and clarifies that employers may inform the workforce that employees with disabilities may request accommodations in advance of return-to-work.