{"id":"DUT-FED-070","kind":"duty","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Equal Employment Opportunity Commission (technical assistance)","authority":"42 U.S.C. 12112(d), 12113(b); 29 C.F.R. 1630.2(r), 1630.14","instrument":"What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)","title":"What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)","dateIssued":"2020-12-16","effective":"2020-12-16","end":"superseded May 28, 2021 (Ex. DUT-FED-071)","startDate":"2020-12-16","endDate":"2021-05-28","quarters":["2020Q4","2021Q1","2021Q2"],"types":["EMP","QUAR","VAX"],"addressees":["ADA-covered employers"],"clause":"Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.","enforcement":"none; defines what the ADA permits","functions":[],"notes":"Permissive: the EEOC\u0027s confirmation, through 2021Q2, that screening, testing, exclusion of symptomatic employees and (from December 16, 2020) vaccination requirements subject to accommodation were consistent with the ADA because COVID-19 met the direct-threat standard. Character as recorded: agency_guidance_permissive (\u0027may\u0027).","sourceUrl":"https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws","snapshot":"https://web.archive.org/web/20201216180509/https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws","fileExists":true,"fileBytes":517941,"grade":"primary","character":"agency_guidance_permissive","description":"","collection":"DUT-FED","url":"/library/DUT-FED-070","exhibitUrl":"/exhibit/DUT-FED-070","citation":"Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)","stateName":"","related":["DUT-FED-071","DUT-FED-030"]}