Back to the Office: Compliance Challenges

By Marjory Robertson, Esq.

AVP & Senior Counsel
Sun Life U.S.

By Abigail O’Connell, Esq.

Senior Counsel
Sun Life U.S.

As COVID-19 work-related restrictions abate, employers can expect challenges with requests for reasonable accommodations under the Americans with Disabilities Act (ADA), state and local disability discrimination laws, pregnancy accommodation laws, and privacy laws related to medical inquiries.

We expect requests for COVID-19 related accommodations to continue. Some employees do not intend to become vaccinated due to an underlying disability. Some vaccinated employees continue to be at risk for COVID-19 complications because they are immunocompromised, and the vaccine may not offer them the same degree of protection as others. In addition, others may request accommodations due to pregnancy or a family member’s high-risk circumstances. While medical evidence suggests that those who have been vaccinated are not at risk for serious illness from COVID-19, data is still being gathered. Pending definitive answers, many remain concerned about COVID-19 dangers even if they have been vaccinated.

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