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  2. Federal laws, including the Fair Labor Standards Act and the Family and Medical Leave Act, provide critical worker protections regarding wages and hours worked and job-protected leave during the pandemic. The resources below offer information on common issues employers and employees face during the COVID-19 pandemic. Your pay and hours.

    • Introduction
    • A. Disability-Related Inquiries and Medical Exams
    • B. Confidentiality of Medical Information
    • C. Hiring and Onboarding
    • D. Disability and Reasonable Accommodation
    • F. Furloughs and Layoffs
    • G. Return to The Workplace
    • H. Age
    • I. Caregivers/Family Responsibilities
    • J. Pregnancy

    Technical Assistance Questions and Answers - Updated on July 12, 2022. 1. All EEOC materials related to COVID-19 are collected at www.eeoc.gov/coronavirus. 2. The EEOC enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act (which include the requirement for reasonable accommodatio...

    The ADA has restrictions on when and how much medical information an employer may obtain from any applicant or employee. Prior to making a conditional job offer to an applicant, disability-related inquiries and medical exams are generally prohibited. They are permitted between the time of the offer and when the applicant begins work, provided they ...

    With limited exceptions, the ADA requires employers to keep confidential any medical information they learn about any applicant or employee. Medical information includes not only a diagnosis or treatments, but also the fact that an individual has requested or is receiving a reasonable accommodation. B.1. May an employer store in existing medical fi...

    Under the ADA, prior to making a conditional job offer to an applicant, disability-related inquiries and medical exams are generally prohibited. They are permitted between the time of the offer and when the applicant begins work, provided they are required for everyone in the same job category. C.1. If an employer is hiring, may it screen applicant...

    Under the ADA, reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. If a reasonable accommodation is needed and requested by an individual with a disability to apply for a job, perform a job, or enjoy benefits and privileges of employment, the ...

    F.1. Under the EEOC's laws, what waiver responsibilities apply when an employer is conducting layoffs? (4/9/20) Special rules apply when an employer is offering employees severance packages in exchange for a general release of all discrimination claims against the employer. More information is available in EEOC's technical assistance document on se...

    G.1. As government restrictions are lifted or modified, how will employers know what steps they can take consistent with the ADA to screen employees for the virus that causes COVID-19 when entering the workplace? (Updated 7/12/22) The ADA permits employers to make disability-related inquiries and conduct medical exams to screen employees for COVID-...

    H.1. CDC has explained that the risk for severe illness with COVID-19 increases with age, with older adults at the highest risk. Do older adults have protections under the federal employment discrimination laws? (Updated 7/12/22) Yes. The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against individuals age 40 and ...

    For additional information about pandemic-related caregiver discrimination under the laws enforced by the EEOC, see the EEOC’s technical assistance document, The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Laws. I.1. If an employer provides telework, modified schedules, or other benefits to employees with ...

    J.1. Due to the pandemic, may an employer exclude an employee from the workplace involuntarily due to pregnancy? (6/11/20) No. Sex discrimination under Title VII of the Civil Rights Act includes discrimination based on pregnancy. Even if motivated by benevolent concern, an employer is not permitted to single out workers on the basis of pregnancy fo...

  3. Jan 29, 2021 · Record and report COVID-19 infections and deaths: Under mandatory OSHA rules in 29 CFR part 1904, employers are required to record work-related cases of COVID-19 illness on OSHA’s Form 300 logs if the following requirements are met: (1) the case is a confirmed case of COVID-19; (2) the case is work-related (as defined by 29 CFR 1904.5); and ...

  4. Apr 18, 2023 · April 18, 20237:39 AM PDTUpdated a year ago. Commentary Attorney Analysis from Westlaw Today, a part of Thomson Reuters. New York State Governor Kathy Hochul wears a necklace that reads "Vaxed" at ...

  5. They are especially important if you are being harassed, if you are “high-risk” and need extra protection from getting sick, if your employer is not allowing you to work, or if you need a modification of your employer’s COVID-19 safety requirements. These laws protect you from retaliation for asserting your (or your coworkers’) rights ...

  6. Mar 23, 2024 · Under the FFCRA, employees of covered employers can receive up to 12 weeks of paid leave if they are caring for a child who is staying at home because their school has been closed during the COVID-19 outbreak. However, the first 10 days of their FMLA leave may be unpaid. Meanwhile, the Consolidated Appropriations Act of 2021 and subsequently ...

  7. Employers must report fatalities for work-related confirmed cases of COVID-19 if the fatality occurred within thirty (30) days of an exposure to COVID-19 at work. See 29 CFR 1904.39(b)(6) . [The employer must report the fatality within eight hours of knowing both that the employee has died, and that the cause of death was a work-related case of ...