On March 19, 2020 the EEOC updated its 2009 guidance on pandemic-related issues under the Americans with Disabilities Act. While reiterating that individual decisions concerning employees with disabilities should be based on objective, factual evidence, the EEOC declared that “a significant risk of substantial harm would be posed by having someone with COVID-19, or symptoms of it, present in the workplace at the current time.” The EEOC therefore declared that, as of March 2020, the COVID-19 pandemic meets the direct threat standard. The EEOC also added to its Q&A on dealing with health-related issues in the context of COVID-19. See our summary of the key takeaways and a link to the full EEOC update..
