EEOC Releases Updates to COVID-19 Technical Assistance Questions and Answers

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On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to harmonize and expand upon information provided in other forums. The EEOC updated its publication entitled, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” which addresses common COVID-19 issues faced by employers in a question-andanswer format. While many of the changes simply expanded upon the EEOC’s previous guidance, the new guidance also (1) reminds employers that temperature-testing data, medical and other confidential information held by supervisors must be maintained in separate, restricted-access files; (2) states that remote work and other accommodations implemented in response to the pandemic need not be permanent accommodations; and (3) stresses that inquiries focusing on family membership (as opposed to household membership) could violate the Genetic Information Nondiscrimination Act (GINA).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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