The U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on May 28, 2021 to help employers comply with federal anti-discrimination laws in reopening the workplace. The EEOC updated its Technical Assistance Q&A to address important topics on the forefront of employers’ minds as employees are getting vaccinated and a return to normalcy seems possible. The EEOC also posted a resource for employees explaining how the federal anti-discrimination laws protect them during the pandemic.
The updated Q&A addresses these issues in the context of various federal anti-discrimination laws, namely, the Americans With Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act (“GINA”). Note that other federal, state, or local laws may also apply and require analysis beyond the EEOC’s guidance.
We briefly summarize some of the key updates to the Q&A as follows.
The EEOC is still considering how the Center for Disease Control (“CDC”)’s recent guidance for fully vaccinated individuals, issued on May 13, 2021, impacts its recent Q&As.
We will continue to monitor these updates.