Workplace Reasonable Accommodations and Telework Guidelines Amid COVID-19
During and post-COVID-19, employers must consider reasonable accommodation requests, including telework, for employees with disabilities. The session covers ADA guidelines, interactive processes, and accommodations for long COVID symptoms. Employers are encouraged to engage in meaningful discussions with employees to determine feasible accommodations.
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Presentation Transcript
WORKPLACE REASONABLE ACCOMMODATIONS DURING AND BEYOND COVID-19 REASONABLE ACCOMMODATION ROUNDTABLE SEPTEMBER 15, 2021
THE PLAN FOR TODAY Reasonable Accommodations Guidance Resources Common Questions Recent guidance from the Equal Opportunity Commission on the ADA during the pandemic Common questions and Answers
A FEW NOTES We are in flux! We will share what we know today. Things can change as the pandemic changes. We cannot discuss specific situations. Chat today goes directly to the host so we can have one focused discussion. This discussion is created for those whose role it is to work with employees on reasonable accommodations.
TELEWORK AS REASONABLE ACCOMMODATION The ADA does not require for employers to offer a telework program-if one exists employers must include people with disabilities Even if an employer does not have a telework program, telework may be a requested as a reasonable accommodation The request goes through the interactive process where the employer learns why the individual s disability might require them to work at home, the employer and employee discuss the essential functions of the job and how they may be performed at home and how feasible it is Can the employee be adequately supervised? Is there work that can only be performed onsite? Is face to face interaction required with clients or customers?
TELEWORK CONTINUED Employers may make reasonable accommodations that allow a person to work in the workplace rather than granting telework Employees who have a reasonable accommodation in the office may require the same reasonable accommodations at home Employers should not deny a request for telework as an RA if a job involves some contact with collegues and coworkers for coordination and contact since this work can be conducted virtually If some job duties can be performed at home, the employer and employee decide whether a part time telework, part time in the workplace schedule would work
GUIDANCE FOR LONG COVID AS A DISABILITY UNDER THE ADA, SECTION 504, AND SECTION 1557 Some people experience COVID symptoms that last months and can result in new or recurring symptoms, these are long haulers or long COVID Long COVID can be a disability under Title II and III of the ADA, Section 504 of the Rehabilitation Act of 1973, and Section 1557 of the Patient Protection and Affordable Care Act Long COVID can be a disability under these laws if it substantially limits one or more major life activities Definition of Disability: an individual with a physical or mental impairment that substantially limits one or more or the major life activities of such individual ( actual disability ); a person with a record of such impairment ( record of ); a person who is regarded as having such an impairment ( regarded as ).
LONG COVID A physiological condition affecting one or more body systems which could include lung damage, heart damage, kidney damage, neurological damage, damage to the circulatory system, lingering emotional illness or other mental health conditions Long COVID is not always a disability People with long COVID are entitled to reasonable accommodation as identified through the interactive process
REASONABLE ACCOMMODATION DURING THE PANDEMIC An employee who has a pre-existing mental/behavioral health disorder or illness that has been exacerbated by the pandemic may be entitled to reasonable accommodation through the typical RA process Employees who were receiving RA prior to teleworking may be entitled to additional or altered RA barring undue hardship Employers may inform employees with disabilities in advance if they believe an employee with disabilities may need a reasonable accommodation during reopening and begin the interactive process. Employees are not required to start the RA requirement in advance. Employees may not request a reasonable accommodation based on the need to avoid exposing a family member
RESOURCES EEOC what you should know about COVID , the ADA, Rehab Act and other EEO laws US Dept of Labor Blog Workplace Accommodations and Long COVID Health and Human Services Guidance on Long COVID as a Disability Under the ADA, Section 504, and Section 1557 Job Accommodation Network Coronavirus Resources The ADA and Managing RA Requests from Employees with Disabilities in Response to COVID 19
