During the COVID-19 pandemic, employers addressed myriad workplace accommodation requests and endeavored to maintain healthy and safe workplaces while navigating guidance from the federal, state, and local levels addressing the health issues and considerations unique to COVID-19.
On May 11, 2023, public officials declared the end of the COVID-19 public health emergency (PHE).
For businesses that survived the pandemic, one question that remains is whether employers may now rescind accommodations that were granted during the PHE. The answer - it depends.
What is a Reasonable Accommodation?
According to the U.S. Equal Employment Opportunity Commission (EEOC), “In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”
During the PHE, the EEOC issued and updated technical assistance What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, which, among other things, addressed reasonable workplace accommodations specific to COVID-19 related health concerns. In response to the end of the PHE, the EEOC issued additional updates to its technical assistance.
What’s New?
Examples of reasonable accommodations that may assist employees with long COVID (also known as post-COVID conditions) include, but are not limited to:
- A quiet workspace
- Use of noise-canceling devices or white noise devices
- Uninterrupted worktime to address brain fog
- Alternative lighting and reducing glare to address headaches
- Rest breaks to address joint pain or shortness of breath
- A flexible schedule or telework to address fatigue
The EEOC’s updated technical guidance also provides examples of steps an employer may take to address possible harassment and discrimination against employees who may have a disability-related need to continue COVID-19 related precautions in the workplace. One step may include an employer providing illustrations of pandemic-related harassment to help supervisors and employees understand what actions may violate the equal employment opportunity laws (e.g., a supervisor or coworker harassing an employee with a continued disability-related need to wear a mask).
What Should Employers Do Now?
According to the updated technical assistance, employers may evaluate accommodations granted during the PHE and, in consultation with the accommodated employee, assess whether there continues to be a need for the reasonable accommodation. Assessments should be made based on individualized circumstances. The evaluation may include an employer’s request for documentation that addresses why there may be an ongoing need for the current accommodation.
[View source.]
