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Ex. DUT-FED-070 Standing duty Primary source read

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)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance) · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
42 U.S.C. 12112(d), 12113(b); 29 C.F.R. 1630.2(r), 1630.14
Issued
2020-12-16 Dec. 16, 2020
Effective
2020-12-16
End
superseded May 28, 2021 (Ex. DUT-FED-071) (read as 2021-05-28)
In force
Dec. 16, 2020 to May 28, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitation types
Workplace rulesVaccination or testingQuarantine and isolation
Addressees
  • ADA-covered employers
Character
agency guidance permissive
Collection
Standing duties: Federal layer DUT-FED

Operative words

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.

Penalty

none; defines what the ADA permits

What it required

Permissive: the EEOC's 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 ('may').