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1 1 (May 18, 2020)

handle is hein.crs/govdanw0001 and id is 1 raw text is: Resarh Servi kM- COVID-19 and Workplace Liability: Selected Issues Under Antidiscrimination Laws May 18, 2020 The COVID- 19 pandemic has forced unprecedented workplace changes and raised a host of legal issues. Employers may struggle with how to protect workers from infection, including whether to make any special changes for at-risk employees. Employers may worry about workers' well-being, disruptions from absenteeism, and potential liability if an employee falls ill. Federal law requires reasonable accommodations for one risk group, people with disabilities. At the same time, antidiscrimination statutes restrict employers from singling out employees based on three characteristics that put them at enhanced risk, or impose uncertain risk, for COVID- 19: disability, age, or pregnancy. This Sidebar provides general background on antidiscrimination considerations that might arise as employers consider accommodations for at-risk employees. Reasonable Accommodations for At-Risk Employees Under the Americans with Disabilities Act and the Rehabilitation Act The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (applying ADA standards to federal employers) protect applicants and employees from disability discrimination. Not everyone with a medical condition has a disability, and some characteristics that may place a person at greater risk of serious illness from COVID- 19 infection, such as being an older adult, have not previously qualified as disabilities for ADA and Rehabilitation Act purposes. The ADA defines disability as an impairment that substantially limits one or more major life activities, and the Rehabilitation Act employs a substantially similar definition. The Equal Opportunity Employment Commission (EEOC), charged with enforcing the two statutes, has taken the view that it is not yet clear whether coronavirus infection or risk of infection amounts to a disability. The uncertainty is understandable-much remains unknown or speculative about the disease and about how various employers may seek to curb workplace infections as businesses reopen. And it may be possible to argue that a characteristic that does not amount to a disability under normal conditions is a disability now, because of an accompanying COVID- 19 risk. Courts have yet to address these questions. The ADA and Congressional Research Service https://crsreports.congress.gov LSB10471 CRS Lega Sidebar Prepaed for Menbeis and Cornm ittees o4 Cor~qress ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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