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Patricia Anderson PryorBlog Posts

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EEOC Opines on COVID-19 Testing by Employers

In the past few weeks, the EEOC has updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws on multiple occasions. The EEOC’s most recent update to this informal guidance provides an answer to the following question: “May an employer administer a COVID-19 test (a test to... Continue Reading…
April 27, 2020

EEOC Opines on COVID-19 Testing by Employers

In the past few weeks, the EEOC has updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws on multiple occasions. The EEOC’s most recent update to this informal guidance provides an answer to the following question: “May an employer administer a COVID-19 test (a test to... Continue Reading
April 27, 2020

Pregnancy Accommodation Case Turns on Similar Ability to Do the Job, Not “Similarly Situated” Test

If an employer provides light duty to employees injured on the job, does it have to provide light duty to pregnant employees?  The Eleventh Circuit Court of Appeals recently wrestled with this question. In Durham v. Rural/Metro. Corp., the Eleventh Circuit held that a pregnant employee, who was denied light duty after being placed on... Continue Reading
April 22, 2020

EEOC Answers Key Questions for Employers, Including Whether Employers Can Identify an Employee Diagnosed With COVID-19 to a Public Health Agency

Employers have been struggling with exactly what information they are permitted to disclose to a public health agency when an employee is diagnosed with COVID-19. The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency. However, employers... Continue Reading…
April 10, 2020

CDC: Asymptomatic Critical Infrastructure Workers Can Continue Working after Potential COVID-19 Exposure

When can employees who may have been exposed to COVID-19 return to work? Guidance from the Centers for Disease Control and Prevention (CDC) advises that “critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.” This...… Continue Reading
April 10, 2020

EEOC Answers Key Questions for Employers, Including Whether Employers Can Identify an Employee Diagnosed With COVID-19 to a Public Health Agency

Employers have been struggling with exactly what information they are permitted to disclose to a public health agency when an employee is diagnosed with COVID-19. The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency. However, employers... Continue Reading
April 10, 2020

DOL’s FAQs Provide More Details About Small Employer Exception Under FFCRA

The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020.  To see earlier reports on these FAQs, see our blog posts on March 24th, March 27th and March 28th. The latest FAQs... Continue Reading
March 29, 2020

Department of Labor’s Latest FAQs Expand “Health Care Providers” and Define “Emergency Responders” Under FFCRA

The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020.  To see earlier reports on these FAQs, see our blog posts on March 24th and March 27th. The latest FAQs (we are...… Continue Reading
March 28, 2020

Department of Labor’s Latest FAQs Expand “Health Care Providers” and Define “Emergency Responders” Under FFCRA

The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act before it goes into effect on April 1, 2020.  To see earlier reports on these FAQs, see our blog posts on March 24th and March 27th. The latest FAQs (we are... Continue Reading
March 28, 2020

EEOC Releases Recorded Webinar Addressing Important Questions

The EEOC published a recorded webinar on March 27.  The EEOC uses a Q and A format to address 22 common questions from employers covering a broad range of topics including among other things, taking employees temperatures, appropriate and inappropriate disclosure of information related to an employee’s COVID-19 diagnosis, and managing employee accommodation requests including... Continue Reading
March 28, 2020

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