Q: As a best practice, and in advance of having some or all employees return to the workplace, are there ways for an employer to invite employees to request flexibility in work arrangements?
A: Please visit this page for a detailed answer to this question

Q: What should an employer do if an employee entering the worksite requests an alternative method of screening due to a medical condition?
A: This is a request for reasonable accommodation, and an employer should proceed as it would for any other request for accommodation under the ADA or the Rehabilitation Act. 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. Alternatively, if the disability is not obvious or already known, an employer may ask the employee for information to establish that the condition is a disability and what specific limitations require an accommodation. If necessary, an employer also may request medical documentation to support the employee’s request, and then determine if that accommodation or an alternative effective accommodation can be provided, absent undue hardship.

Similarly, if an employee requested an alternative method of screening as a religious accommodation, the employer should determine if accommodation is available under Title VII.

Q: If an employer is hiring, may it screen applicants for symptoms of COVID-19?
A: Yes. An employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job. This ADA rule applies whether or not the applicant has a disability. See EEOC guidance questions C1-C4.

Q: May an employer take an applicant's temperature as part of a post-offer, pre-employment medical exam?
A: Yes. Any medical exams are permitted after an employer has made a conditional offer of employment. However, employers should be aware that some people with COVID-19 do not have a fever. See EEOC guidance questions C1-C4.

Q: May an employer delay the start date of an applicant who has COVID-19 or symptoms associated with it?
A: Yes. According to current CDC guidance, an individual who has COVID-19 or symptoms associated with it should not be in the workplace. See EEOC guidance questions C1-C4. 

Q: May an employer withdraw a job offer when it needs the applicant to start immediately but the individual has COVID-19 or symptoms of it?
A: Based on current CDC guidance, this individual cannot safely enter the workplace, and therefore the employer may withdraw the job offer. See EEOC guidance questions C1-C4.

Q: May an employer postpone the start date or withdraw a job offer because the individual is 65 years old or pregnant, both of which place them at higher risk from COVID-19?
A: No.  The fact that the CDC has identified those who are 65 or older, or pregnant women, as being at greater risk does not justify unilaterally postponing the start date or withdrawing a job offer.  However, an employer may choose to allow telework or to discuss with these individuals if they would like to postpone the start date.

Q: May an employer postpone the start date or withdraw a job offer because the individual is 65 years old or pregnant, both of which place them at higher risk from COVID-19? 
A: No. The fact that the CDC has identified those who are 65 or older, or pregnant women, as being at greater risk does not justify unilaterally postponing the start date or withdrawing a job offer.  However, an employer may choose to allow telework or to discuss with these individuals if they would like to postpone the start date. See EEOC guidance questions C1-C4.

Q: Can I prohibit an employee from personal travel to an affected area?
A: No.  Employers cannot prohibit employees from taking personal trips and vacations. 

Q: Can I require an employee who travels to an affected area to take a COVID-19 test and provide the results before returning to work?
A: Likely No.  However, employers can ask employees to self-quarantine for 14-days prior to returning to work.  

Q: May I permit my “critical infrastructure workers” to continue working following potential exposure to COVID-19?
A: It Depends. The CDC provides Interim Guidance for Implementing /Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 which instructs employers that “critical infrastructure Workers” may continue to work “provided they remain asymptomatic and additional precautions are implemented to protect them and the community”.

Q: Under the April 8th CDC guidance, what is considered a “potential exposure”?
A: A potential exposure means being in a household or having close contact (within 6 feet) with an individual with confirmed or probable COVID-19. The timeframe for having contact with an individual includes the period of time of 48 hours before the individual became symptomatic.

Q: Are there certain steps employers should take to mitigate the risk of “critical infrastructure workers” who have been exposed and return to the workplace? 
A: Please visit this page for a detailed answer to this question 

Q: What should an employer do if a Critical Infrastructure Worker becomes sick during the work day and while at work?
A: If the employee becomes sick during the day, they should be sent home immediately. Surfaces in their workspace should be cleaned and disinfected (see CDC guidance for cleaning and disinfecting). Information on persons who had contact with the ill employee during the time the employee had symptoms (and two-days prior to symptoms) should be compiled. Others at the facility with close contact within 6 feet of the employee during this time would be considered exposed.

Q: How can I determine if I am an “essential employer” or my staff are “essential employees”?
A: Please visit this page for a detailed answer to this question

Q: If an employee is diagnosed with COVID-19, can I require that he or she provide a release to work from his/her doctor prior to returning to work?
A: Yes, But.  The CDC, OSHA, and the DOL all urge employers to be flexible. It is likely that healthcare providers are overwhelmed with patients and care therefor, documentation requests are likely going to be put aside for some time.  In its March 27th webinar, the EEOC recommended that employers be “flexible” and “creative” with respect to acceptable documentation. 

Q: Can I send sick employees’ home? Similarly, may employers prevent employees who may be sick or have a contagious condition from coming to work?
A: Yes, But.  Be sure to treat all contagious conditions the same. Employees should be sent home not because of fear of COVID-19 but in a consistent effort to minimize other employees’ exposure to any sort of contagious condition.  In fact, the CDC recommends that employers require all sick employees to stay home. 

Q: Do I have to allow employees to work from home during COVID-19?
A: Please visit this page for a detailed answer to this question

Q: Must I allow an employee to work remotely if the employee is under government-imposed quarantine?
A: It Depends. The CDC encourages employers to be accommodating and flexible with workers impacted by government-imposed quarantines. Employers may offer alternative work arrangements, such as teleworking, and additional paid time off to such employees.

Q: If I temporarily close my business may I lay off some of the employees and retain other in a “furlough” status?
A: Yes, But.  Employers must be sure that they are not disparately selecting those who are laid off versus those who are “furloughed”.  In other words, employers must be sure that those who are adversely affected are not of one predominant protected class (such as race, religion, gender, age, or disability).   .  

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