D.2. Such a request is permitted under the ADA. Due to the stroke, the individual may be substantially limited in neurological and brain (or cerebrovascular) function. Although other laws, such as the Religious Freedom Restoration Act, also may protect religious freedom in some circumstances, this technical assistance only describes employment rights and obligations under Title VII. (Updated 5/28/21). What constitutes a request for religious accommodation? (Updated 5/15/23). Alternatively, if a disability is not obvious or already known, an employer may ask the employee for information to establish that the condition is a disability and what specific limitations require an accommodation. (4/17/20). When an employee returns to the workplace after being out with COVID-19, does the ADA allow employers to require a note from a qualified medical professional explaining that it is safe for the employee to return (i.e., no risk of transmission) and that the employee is able to perform the job duties? Yes. However, an employer may evaluate accommodations granted during the public health emergency and, in consultation with the employee, assess whether there continues to be a need for reasonable accommodation based on individualized circumstances. In addition, whether an employer meets the EEO standards will depend on the application of these standards to particular factual situations. Employers also may follow current CDC guidance about who should wear masks. B.8. K.21. . As a result, he became the focus of resentment and a grievance by a coworker. Some common reasonable accommodations include: a quiet workspace, use of noise cancelling or white noise devices, and uninterrupted worktime to address brain fog; alternative lighting and reducing glare to address headaches; rest breaks to address joint pain or shortness of breath; a flexible schedule or telework to address fatigue; and removal of marginal functions that involve physical exertion to address shortness of breath. Similarly, an employer has the right to discontinue a previously granted accommodation if it is no longer utilized for religious purposes, or if a provided accommodation subsequently poses an undue hardship on the employers operations due to changed circumstances. Yes. (3/1/22). For example, under Title VII, female employees cannot be given more favorable treatment than male employees because of a gender-based assumption about who may have caregiving responsibilities for children. The fact that an individual is not actually deterred from opposing discrimination or participating in an EEO complaint-related process or activity does not preclude an employers action from being considered retaliatory. K.3. (Updated 5/15/23). An employer knows that an employee has one of these conditions and is concerned that the employees health will be jeopardized upon returning to the workplace, but the employee has not requested accommodation. Statements from the CDC provide an important source of current medical knowledge about COVID-19, and the employees health care provider, with the employees consent, also may provide useful information about the employee. What are some examples of ways in which an individual with COVID-19 might or might not be substantially limited in a major life activity? Can a person who has or had COVID-19 or Long COVID be an individual with a record of a disability? A.3. In some cases, regardless of whether an individuals initial case of COVID-19 itself constitutes an actual disability, an individuals COVID-19 may end up causing impairments that are themselves disabilities under the ADA. Are these legal protections available only to workers caring for children, or are they also available to workers with other caregiving obligations? No. D.8. If so, is there specific language that must be used under Title VII? However, if an employer has an objective basis for questioning either the religious nature or the sincerity of a particular belief, the employer would be justified in making a limited factual inquiry and seeking additional supporting information. CDC identifies a number of medical conditions that are more likely to cause people to get severely ill if they get COVID-19. See K.9. Guidance from medical and public health authorities may be relevant to making certain legal determinations under one or more EEO laws (e.g., direct threat under the ADA). D.7. Build a Morning News Digest: Easy, Custom Content, Free! How might unlawful caregiver discrimination related to the COVID-19 pandemic arise under the laws enforced by the EEOC? If there is such an employer requirement, the EEO laws do not prevent employers from requiring documentation or other confirmation that employees are up to date on their vaccinations (see K.9. Under the ADA, may an employer require antibody testing before permitting employees to re-enter the workplace? When May an Employer Reject a Religious Accommodation Request? - SHRM For more information on postponing a start date or withdrawing a job offer due to older age, see C.5. In addition, changes in government restrictions may affect the need for accommodations. State or local laws may provide additional protections for workers with caregiving responsibilities. If such a request is made, the employer and employee should discuss what the employee needs and why, and whether the same or a different accommodation could suffice in the home setting. For example, an employee may already have certain things in their home to enable them to do their job so that they do not need to have all of the accommodations that are provided in the workplace. They also need not be long-term. For example, a government employer may contend that granting a requested religious accommodation would pose an undue . Although the EEO laws do not prevent employers from requiring employees to provide documentation or other confirmation of vaccination, this information, like all medical information, must be kept confidential and stored separately from the employees personnel files under the ADA. As explained in K.16., however, this incentive limit does not apply if an employer offers an incentive to encourage employees to be voluntarily vaccinated by a health care provider that is not their employer or an agent of their employer. K.1. Where can employers obtain current information on symptoms associated with COVID-19? Changes in how an employer conducts the interactive process may be necessary to suit changing circumstances based on current public health directives. Employers also may ask if these employees have been tested for COVID-19 (and if so, ask about the result). Does the law provide any additional protections to safeguard ADA rights? As an example, here is how EEOC designed its own form for its own workplace. An Employer's Guide to Addressing Requests for Religious Exemption From In all these situations, an employer must show specific pandemic-related circumstances justified the delay in providing a reasonable accommodation to which the employee was legally entitled. Refusal to Provide Religious Accommodation Requires Proof of Undue Hardship Yes. If the employee does not cooperate in providing the requested reasonable supporting medical information, the employer can lawfully deny the accommodation request. (9/8/20; adapted from 3/27/20 Webinar Question 7). (Updated 7/12/22). Employers must maintain all information about an employees illness as a confidential medical record in compliance with the ADA. For suggestions about types of reasonable accommodations for unvaccinated employees, see K.2, K.6, and K.12, above. Therefore, the employer may not offer incentives in exchange for the family member getting vaccinated. The employee or the employees representative should communicate that the employee has a medical condition necessitating a change to meet a medical need. However, employers are free to provide flexibility to older workers; the ADEA does not prohibit this, even if it results in younger workers being treated less favorably based on age in comparison. information only on official, secure websites. Although the EEOCs internal forms typically are not made public, it is included here given the extraordinary circumstances facing employers and employees due to the COVID-19 pandemic. M.7. (4/9/20). Yes. (11/17/21). Reasonable Accommodations The Department of the Interior (DOI) provides reasonable accommodation for medical or religious reasons unless to do so would impose an undue hardship. Religious Accommodation Case Background Almost a half-century ago, the Supreme Court stated that an "undue hardship" need not be more than a de minimus amount ( i.e., small amount) in order for an employer to lawfully refuse such an accommodation. For example, if everyone entering a particular building on campus must undergo COVID-19 screening, an employer also may subject an applicant entering this building to the same screening, even though such screening is not routinely done when entering other buildings. On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. If these requirements are met, GINA permits the collection of genetic information. An employer who follows current CDC guidance addressing the individuals situation may withdraw the job offer if (1) the job requires an immediate start date, (2) CDC guidance recommends the person not be in proximity to others, and (3) the job requires such proximity to others, whether at the workplace or elsewhere. A.4. However, employers should be aware that some people with COVID-19 do not have a fever. Other federal, state, and local laws and regulations govern COVID-19 vaccination of employees, including requirements for the federal government as an employer. N.3. However, because the pre-vaccination screening questions are likely to elicit information about a disability, the ADA requires that they must be job related and consistent with business necessity when an employer or its agent administers the COVID-19 vaccine. For information on reasonable accommodation requests related to screening protocols, see G.7. Many employees, including managers and supervisors, are now teleworking as a result of COVID-19. Given the pandemic, some employers may choose to forgo or shorten the exchange of information between an employer and employee known as the "interactive process" (discussed in D.5 and D.6., above) and grant the request. What should the manager do? With limited exceptions, the ADA requires employers to keep confidential any medical information they learn about any applicant or employee. Might the pandemic result in excusable delays during the interactive process? May an employer request information from an employee who reports feeling ill while on the job with symptoms associated with COVID-19, in order to protect the rest of its workforce and others (e.g., customers) with COVID-19? When an employer requires some or all of its employees to telework because of COVID-19 or government officials require employers to shut down their facilities and have workers telework, is the employer required to provide a teleworking employee with the same reasonable accommodations for disability under the ADA or the Rehabilitation Act that it provides to this individual in the workplace? A reasonable accommodation is any change in the work environment, or the way things are customarily done that would enable: Similarly, if an employee requested an alternative method of screening as a religious accommodation, the employer should determine if accommodation is available under Title VII. Some of the issues initially created by the pandemic that delayed engaging in an interactive process and/or providing reasonable accommodation may no longer exist. B.1. What may an employer do under the ADA if an employee refuses to permit the employer to take the employees temperature or refuses to answer questions about whether the employee has COVID-19, has symptoms associated with COVID-19, or has been tested for COVID-19? No. This emergency declaration dealt with issues involving health care coverage and access to treatment. See K.12 for additional considerations relevant to the undue hardship analysis. Reporter Religious groups want higher bar for employers 'Undue hardship' tested often in lower courts The U.S. Supreme Court won't consider the scope of an employer requirement to accommodate religious practices, leaving a standard in place that religious groups oppose. (Updated 5/15/23). See also A.1., which addresses the information an employer may request when an employee calls in sick. Under Title VII, what should an employer do if an employee chooses not to receive a COVID-19 vaccination due to pregnancy? Equal Employment Opportunity Commission (EEOC) has stated that employers should generally assume that an employee's stated religious belief is sincerely held unless the employer has a good faith and objective basis for questioning the religious nature or the sincerity of the stated belief. Possible considerations in making the business necessity assessment may include the level of community transmission, the vaccination status of employees, the accuracy and speed of processing for different types of COVID-19 viral tests, the degree to which breakthroughinfections are possible for employees who are up to date on vaccinations, the ease of transmissibility of the current variant(s), the possible severity of illness from the current variant, what types of contacts employees may have with others in the workplace or elsewhere that they are required to work (e.g., working with medically vulnerable individuals), and the potential impact on operations if an employee enters the workplace with COVID-19. How are they supposed to keep medical information of employees confidential while working remotely? Low-cost solutions achieved with materials already on hand or easily obtained may be effective. The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom the employee is associated. Notably, the ADA's stringent undue-hardship standardwhich considers whether the modification would cause "significant difficulty or expense"doesn't apply to religious accommodation requests . Hardison, supra, 432 U.S. at 80. Having a disability, alone, does not mean an individual was subjected to an unlawful employment action under the ADA. Section 12: Religious Discrimination | U.S. Equal Employment Current pandemic conditions make it less likely that they would be the foundation for finding significant expense, although an employer may consider any pandemic-related circumstances that could be relevant at the time the employer is making an undue hardship assessment.
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