D.14. If an employer requires some or all of its employees to telework due to COVID-19, or if government officials require employers to close their facilities and allow employees to telework, is the employer required to provide a telework worker with the same reasonable accommodation under the ADA or the Rehabilitation Act as it provides to that person in the workplace? (08.09.20; adapted from question 20 of the webinar of 27/03/20) Sweiss suggested that employers create consistent messages to communicate their processes and develop talking points in case they encounter questions from customers or customers about employees` vaccination status. No. If an employer allows other comparable workers to telework, it should ensure that they do not treat older workers less favourably because of their age. Yes. Employers implementing mandatory vaccination policies must be prepared to respond to claims that their vaccination requirement affects employees differently because they belong to a protected category such as race, colour, religion, sex, age or national origin. If an employer is aware that some of its workforce may have limited access to the vaccine, such as lack of transportation, employers should consider implementing strategies such as reimbursing worker travel costs to and from vaccination sites, providing information on where to get vaccinated, and providing paid time off. to get vaccinated. to remove these barriers.
If an employer only wants to ask a specific employee to answer such questions or have their temperature taken or undergo other screenings or tests, the ADA requires the employer to have a reasonable assumption based on objective evidence that that person may have the disease. Therefore, it is important for the employer to think about why they want to take these actions with respect to that particular employee, such as a COVID-19 symptom report. In addition, the ADA does not interfere with employers who follow recommendations from the CDC or other health authorities as to whether, when, and for whom testing or other screenings are appropriate. Under the current circumstances, the ADA allows an employer to exclude an employee from physical presence in the workplace if they refuse to take their temperature or refuse to answer questions about their COVID-19, COVID-19 symptoms, or if they have been tested for COVID-19. However, in order to obtain the cooperation of employees, employers may ask for the reasons for the employee`s refusal. The employer may be able to provide information or ensure that they are taking these steps to keep everyone safe in the workplace and that these measures are consistent with CDC recommendations for health screenings. Sometimes employees are reluctant to provide medical information because they fear that an employer will widely disseminate this personal health information in the workplace. The ADA prohibits such full disclosures.
Alternatively, if an employee requires reasonable screening arrangements, the usual adjustment process should be followed; this issue is discussed in question G.7. Regardless of approval status, the EEOC and the Department of Justice have stated that employers can require vaccines approved under EEE. Therefore, employers may require their employees to receive the COVID-19 vaccine before any of the vaccines receive full FDA approval. However, if an employee refuses to be vaccinated because of a disability or sincere religious beliefs until the FDA grants full approval (citing safety or other concerns), an employer must provide the employee with adequate housing until the worker can be vaccinated. Yes. The ADA and the Rehabilitation Act allow employers to provide all workers with advance information about who to contact — if they wish — to request housing for a disability they will need when they return to work, even if no date has been announced for their return. If applications are received in advance, the employer can begin the interactive process. An employer may choose to include in this notice any medical condition listed by the CDC that may put individuals at higher risk of severe illness if they contract COVID-19, provide instructions on who to contact, and state that the employer is prepared to consider all employee requests on a case-by-case basis. who have these or other diseases. A.3. When is an ADA-covered employer allowed to measure their employees` body temperature during the COVID-19 pandemic? (17.03.20) Question 11: Should employers be concerned about whether their mandatory vaccination policies have different effects on workers in protected categories, such as workers in a protected category who have less access to the vaccine than other workers? Due to the COVID-19 pandemic, employers can currently ask questions about their symptoms to employees who regularly or occasionally work on-site and feel sick or call for questions about their symptoms as part of workplace COVID-19 testing. An employer may exclude individuals with COVID-19 or symptoms related to COVID-19 from the workplace because, as the EEOC has determined, their presence would pose a direct threat to the health or safety of others.
However, for employees who work from home and do not physically interact with co-workers or others (e.g., clients), the employer would not normally be allowed to ask these questions. As health officials and doctors learn more about COVID-19, they can expand the list of associated symptoms. Employers should rely on the CDC, other health authorities, and reputable medical sources for advice on symptoms associated with the disease.