J.1. No. Understand your obligations under all applicable anti-discrimination and accommodation laws, including federal, state, and local laws, regulations, and agency guidance, and ensure that all staff is aware of the importance and how-to’s of compliance, regardless of whether they are working on site or remotely. In fact, the Commission goes further and states that employers may lawfully accommodate an older person “even if it results in younger workers ages 40-64 being treated less favorably based on age in comparison.”[6] Here, too, employers must tread carefully and consider whether doing so would violate state or local laws that may prohibit disparate treatment based on age (in particular, where it results in treating older workers better than younger workers), and whether they have an obligation under state or local law to provide a pandemic-related accommodation to an older person.[7]. Coverage: You are probably covered, including if you are a part-time employee, if you work as an employee in: Self-employed: If you are pregnant and self-employed, you may be eligible for a tax credit in an amount equal to 100% of a “sick leave equivalent amount” (or 67% for the family care provisions, where only 2/3 of compensation is available) or “family leave equivalent amount” based on days when you were unable to perform work for the reasons outlined above. healthcare, lab work, waste management, airlines, and border protection), medium risk of exposure (those that work in close contact with people), and low risk of exposure. In discussing accommodation requests, employers and employees may find it helpful to consult the Job Accommodation Network (JAN) website for types of accommodations, www.askjan.org. Yes. D.5. Technical Assistance Questions and Answers - Updated on Sep. 8, 2020. The EEOC also suggests the following approach: If the requested change is easy to provide and inexpensive, the employer might voluntarily choose to make it available to anyone who asks, without going through an interactive process. How does the ADA apply to this situation? A.8. D.7. What should an employer do if an employee entering the worksite requests an alternative method of screening due to a medical condition? New York When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? What types of undue hardship considerations may be relevant to determine if a requested accommodation poses "significant expense" during the COVID-19 pandemic? Employers may ask all employees who will be physically entering the workplace if they have COVID-19 or symptoms associated with COVID-19, and ask if they have been tested for COVID-19. The PDA says that your employer cannot treat you worse than other employees because you are pregnant or have a condition related to pregnancy. Again, however, employers are cautioned to make sure to treat employees consistently with respect to such requests and check whether such an obligation may exist under state or local law, particularly via legislation, a governor’s executive order, or agency guidance concerning temporary protections related to the COVID-19 pandemic. The employer may be able to provide information or reassurance that they are taking these steps to ensure the safety of everyone in the workplace, and that these steps are consistent with health screening recommendations from CDC. (9/8/20; adapted from 3/27/20 Webinar Question 9). Also note that you may not have job protection while receiving disability insurance or paid medical leave benefits. What if my employer fires me, forces me out, or cuts my hours because I am pregnant and they don’t want me working because of the virus? If you believe you have been discriminated against, please call our helpline at 1-833-NEED-ABB or visit eeoc.gov to file a complaint. Possible questions for the employee may include: (1) how the disability creates a limitation, (2) how the requested accommodation will effectively address the limitation, (3) whether another form of accommodation could effectively address the issue, and (4) how a proposed accommodation will enable the employee to continue performing the "essential functions" of his position (that is, the fundamental job duties). How may employers respond to pandemic-related harassment, in particular against employees who are or are perceived to be Asian? Note that if you have been fired, you may also be entitled to receive unemployment insurance. Once an employee begins work, any disability-related inquiries or medical exams must be job related and consistent with business necessity. Also, if the employee was on leave rather than teleworking because he has COVID-19 or symptoms associated with the disease, or any other medical condition, then an employer cannot disclose the reason for the leave, just the fact that the individual is on leave. The ADEA would prohibit a covered employer from involuntarily excluding an individual from the workplace based on his or her being 65 or older, even if the employer acted for benevolent reasons such as protecting the employee due to higher risk of severe illness from COVID-19. Many employees, including managers and supervisors, are now teleworking as a result of COVID-19. You can also encourage your employer to be pragmatic and flexible given the current strain on health care providers and potential risk of exposure by going to a health care provider. However, employers should be aware that some people with COVID-19 do not have a fever. For example, employers may review information from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities. [email protected], Lauri F. Rasnick New York City also just released COVID-19 specific guidance, reinforcing the city’s pregnancy accommodation law, stating pregnant workers may be entitled to reasonable accommodations during this crisis. For more information, see here. If you are a part-time worker, you will be paid emergency sick time for the number of hours you work on average over a two-week period. [6] Employers should also consider whether they may be vulnerable to liability for such actions under state or local law, as the ban on age discrimination in many jurisdictions, such as New York City, protects employees of any age. Under the federal Americans with Disabilities Act (“ADA”), if you work for an employer with 15 or more employees and have a pregnancy-related impairment, which may include examples such as gestational diabetes, or preeclampsia and that disability substantially limits a major life activity you may have the right to a reasonable accommodation at work. What are my rights if I am pregnant, still working, and do not have any symptoms, but want to take leave and then return to work because my healthcare provider advised me to take leave to avoid contracting COVID-19? Title I of the ADA applies to private employers with 15 or more employees. Select Task Force on the Study of Harassment in the Workplace (includes detailed recommendations and tools to aid in designing effective anti-harassment policies; developing training curricula; implementing complaint, reporting, and investigation procedures; creating an organizational culture in which harassment is not tolerated). If the CDC or state or local public health officials recommend that people who visit specified locations remain at home for a certain period of time, an employer may ask whether employees are returning from these locations, even if the travel was personal. As an affirmative defense, direct threat requires an employer to show that the individual has a disability that poses a “significant risk of substantial harm” to his own health under 29 C.F.R. Situations created by the current COVID-19 crisis may constitute an “extenuating circumstance”—something beyond a Federal agency’s control—that may justify exceeding the normal timeline that an agency has adopted in its internal reasonable accommodation procedures. (4/9/20). If the requested change is easy to provide and inexpensive, the employer might voluntarily choose to make it available to anyone who asks, without going through an interactive process.

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