The end of the COVID-19 public health emergency does not mean that employers can automatically terminate reasonable accommodations that were provided due to pandemic-related circumstances, the Equal Employment Opportunity Commission said in capstone guidance released Monday for employers.
Rather, according to the agency, employers may evaluate accommodations granted during the PHE and, in consultation with an affected employee, assess whether a need still exists for the accommodation based on the person’s circumstances.
Employees with long COVID symptoms may require continued accommodations, the EEOC said. Such accommodations might include a quiet workspace, use of noise canceling devices or uninterrupted work time to address brain fog, as well as other measures to address symptoms such as headaches, joint pain, shortness of breath and fatigue. Many of those ideas are low or no-cost accommodations, the agency noted.
The EEOC said it has updated the COVID-19 technical assistance approximately 20 times over the past three years to respond to the evolving pandemic situation. The latest guidance includes tips about remaining alert for COVID-related harassment of applicants or employees with disability-related needs to continue wearing face masks or take other COVID-19 precautions at work.
“This installment is the capstone to our comprehensive resource of questions and answers on COVID-19 and the anti-discrimination laws enforced by the EEOC,” EEOC Chair Charlotte A. Burrows said in a statement. “The end of the public health emergency is an important milestone, and this will help employees and employers understand how the Americans with Disabilities Act, the Rehabilitation Act, and other federal laws continue to protect our nation’s workforce from employment discrimination.”
