Employer Compliance Obligations During the Pandemic

During the pandemic, many managers are accommodating more employees than ever before. The Equal Employment Opportunity Commission (EEOC) has released guidance on federal requirements. Here are some key items. During layoffs or return to work (RTW), no discrimination exemptions are allowed for “benevolent reasons.” Employers may provide flexibility in work arrangements to employees due to their heightened risk from COVID-19, including those pregnant or older in years. But the EEOC warned employers not to single out these groups for exclusion from the workplace, including involuntary leave, layoff, or furlough.

When reopening workplaces, temperature checks and viral tests are allowed, antibody tests are not. The Centers for Disease Control and Prevention (CDC) has stated that antibody test results “should not be used to make decisions about returning persons to the workplace,” and the EEOC is enforcing this. The EEOC does allow employers to check employee temperatures or to require viral tests that may indicate whether an employee has an active case of COVID-19. This information is confidential and must be stored securely.

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