What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance questions and answers; first issued Mar. 17, 2020; updated Mar. 27, Apr. 9, Apr. 17, Apr. 23, May 5, May 7, June 11, June 17, Sept. 8, Dec. 16, 2020; May 28, Oct. 13 and Oct. 25, 2021; through May 15, 2023)

The record

Jurisdiction

United States Equal Employment Opportunity Commission (independent federal agency)

Level

Federal

Authority

42 U.S.C. 12116, 2000e-12; 29 C.F.R. 1630.14

Issued

2020-03-17 Mar. 17, 2020

Effective

2020-03-17 (guidance) (read as 2020-03-17)

End

Retained after the PHE ended May 11, 2023 (read as 2023-05-11)

In force

Mar. 17, 2020 to May 11, 2023

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Workplace rulesVaccination or testingOther

Addressees

• all employers with 15 or more employees

Functions reached

• HR hiring, screening (temperature checks, COVID-19 testing, symptom inquiries), accommodation, telework and return-to-work decisions governed by the Commission's pandemic reading of the ADA
• WF employee vaccination-status inquiries (section K, from Dec. 16, 2020)
• OP confidentiality of medical information

Collection

Federal labor and immigration agencies AGY-FED-LABOR-IMMIGRATION

Operative words

Technical Assistance Questions and Answers - Updated on May 15, 2023.... This publication addresses a wide range of COVID-19 issues arising under the federal EEO laws. This includes disability-related inquiries and medical examinations, confidentiality, reasonable accommodation based on disability, harassment, and vaccinations.... Prior to making a conditional job offer to an applicant, disability-related inquiries and medical exams are generally prohibited. They are permitted between the time of the offer and when the applicant begins work, provided they are required for everyone in the same job category.

Enforcement

Notes