Page 40 - IEC Insights May-Jun20
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FEATURE
EMPLOYERS’ RESPONSE TO
EMPLOYER SCREENING
AND EXAMINATIONS
To a certain extent, the COVID-19
pandemic is largely unchartered
territory. However, there are certain laws,
A statements that may help an employer
regulations, and government advisory
As COVID-19 continues to affect our daily lives, and is
deal with these complex issues.
now officially considered a pandemic by the World Health
In early March 2020, the Equal
Organization (WHO) and the Centers for Disease Control
(EEOC) released a statement on the
(CDC), it is crucial for employers to be aware of the steps Employment Opportunity Commission
COVID-19 pandemic, referring employers
the government is taking to reduce infection, how those to an advisory opinion the EEOC
steps affect your business, and the protocols your business previously published in 2009 amidst the
needs to implement to ensure you are complying with what H1N1 (“swine flu”) outbreak. In its 2009
advisory opinion, the EEOC implemented
is required under these unusual circumstances. Because a temporary waiver of certain provisions
the national response is changing daily, it is important to of the Americans with Disabilities Act
(ADA) that would otherwise prohibit an
remain up-to-date on new laws, regulations, and government employer from taking action based on
mandates that are likely to begin taking effect rapidly. an employee’s medical conditions. In
taking the position that illnesses related
to global pandemics are dissimilar to the
38 Insights Magazine | May/June 2020 | www.ieci.org
