An Employer Generally Cannot Prevent an Employee from Working Under the ADA Because They Are Vulnerable to COVID-19

The Equal Employment Opportunity Commission issued guidance that an employer generally cannot prevent an employee from working under the ADA because they are vulnerable to COVID-19.

The Equal Employment Opportunity Commission has given guidance that while an employer can exclude an employee for the COVID-19 threat posed to others, an employer cannot exclude an employee due to their vulnerability to COVID-19 unless they have a disability that poses a direct threat to their health that cannot be removed with reasonable accommodations. For a direct threat to be found, the disability cannot just be on the list provided by the CDC, there must also be an analysis of the imminence of the threat.

Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety.

To read this guidance, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.