Accommodations may include a quiet workspace, use of noise cancelling devices, and uninterrupted worktime to address brain fog. Image: Ralf Liebhold/Shutterstock.com
The EEOC has updated its guidance applying to federal agencies as well as to the private sector on workplace considerations related to COVID, saying that the end of the public health emergency “does not mean employers can automatically terminate reasonable accommodations that were provided due to pandemic-related circumstances.”
“However, employers 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,” it says.
The EEEOC called the guidance the “capstone” of a series of COVID-specific policies over the last three years on employer obligations under the Americans with Disabilities Act, the Rehabilitation Act, the Civil Rights Act, the Age Discrimination in Employment Act and the Genetic Information Nondiscrimination Act.
For example, it says that for employees experiencing long-term symptoms, potential continuing required accommodations may include for example “a quiet workspace, use of noise cancelling 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.”
The guidance also says that employers should remain alert for COVID-related harassment of applicants or employees with a disability-related need to continue wearing a face mask or take other precautions at work.
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