COVID-19

A local government employee requested to reduce direct contact with people and to wear a mask in order to limit possible exposure to the coronavirus.

The employee has an underlying impairment and takes medication that suppresses their immune system. The employer contacted JAN to ask if this request would need to be considered as an accommodation under the ADA. If the individual has a disability under the ADA that may put them at high risk for complications of pandemic coronavirus, the employer must treat the request as an accommodation request under the ADA and determine if the accommodation is reasonable.

A university received a request from an employee in her seventies whose spouse is older and has diabetes.

The employee requested to telework due to concerns about being exposed to coronavirus in the workplace, and in-turn, exposing the spouse. The university employee does not have a reported disability. Because the employee does not have a disability, it was suggested that the employer discuss the request with an appropriate legal professional to determine the best approach for handling situations involving 1) at-risk aging employees who want to take measures to avoid exposure, and 2) accommodation requests from caregivers of individuals with disabilities who may be at-risk during the current public health situation. It was suggested that the employer also contact the Occupational Safety and Health Administration (OSHA) for guidance on the duty to protect employees and prevent occupational exposure during a pandemic public health situation.

An energy company wanted to take proactive steps to ensure that its employees with known medical impairments can receive telework as a form of accommodation during the coronavirus pandemic.

The employer was aware of several employees with impairments who could be considered at-risk for developing complications if exposed to the coronavirus. The employer contacted JAN to learn if the ADA disability-related inquiry rules would allow the employer to ask these employees with disabilities if they will need to telework as an accommodation. According to the Equal Employment Opportunity Commission (EEOC), an employer may ask an employee with a known disability whether they need an accommodation when the employer has a reasonable belief that accommodation is needed. If this standard is met, the employer may reach-out to employees, on a case-by-case basis, to inform them of the opportunity to request accommodation in response to the current coronavirus pandemic.

A financial institution with a bank teller employee who is pregnant contacted JAN to ask if it would be acceptable to move the teller from direct client contact to working as a teller in the drive-through.

The employer wanted to help reduce the risk of the employee’s exposure to customers who could have the coronavirus, or flu-like symptoms. It was suggested that the employer discuss the opportunity of the alternative workstation with the employee, rather than automatically moving the employee solely on the basis of the employer’s concerns. Through this interactive process, both parties can then determine the best course of action.

In the weeks leading-up to the coronavirus outbreak, a university employee traveled abroad to an affected region.

The employer contacted JAN to learn if it would be possible to ask if the employee to self-quarantine by working at home for fourteen days upon their return to the country. When public health authorities or state or local public health officials recommend that people who visit specified locations remain at home for several days until it is clear they do not have pandemic symptoms, an employer may ask whether employees are returning from these locations, and encourage employees to telework.