The CDC recently released new guidance on considerations for events and gatherings. The scope of the guidance is broad, covering any planned or spontaneous event, even those with only small numbers of people. CDC has reminded event-holders that the guidance is meant to supplement any safety laws, rules, or regulations applicable to events or gatherings, such as requirements under state or local law.
Continue Reading CDC releases new guidance on considerations for events and gatherings

The U.S. Equal Employment Opportunity Commission (EEOC) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (ADA) and the Rehabilitation Act. This week, the EEOC twice updated its webpage for “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19” to include additional guidance with respect to job applicants and employees. As for employees, the EEOC (relying on its existing “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” guidance) has now clarified that it is not a violation of the ADA for employers to:
Continue Reading EEOC releases guidance regarding employees, applicants, and COVID-19

On March 11, 2020, the Centers for Disease Control and Prevention (CDC) (along with the White House Coronavirus Task Force) issued guidance for the next 30 days for Santa Clara County, CA, and Seattle-King, Pierce, and Snohomish Counties, WA. This guidance specifically recommends that employers in these jurisdictions conduct “[r]egular health checks on arrival each day (e.g., temperature and respiratory symptom screening) of staff and visitors entering buildings.” This guidance supports the view that employers in those jurisdictions may without running afoul of the Americans with Disabilities Act (ADA) conduct such health checks — including temperature checks and respiratory symptom screening — of all employees and visitors on a daily basis.
Continue Reading United States coronavirus (COVID-19) update on conducting medical examinations (including temperature checks) of employees in Santa Clara County and three Seattle-area counties

Suppose that an employee with cancer has exhausted 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) but needs more time to recover from treatment before returning to work. Whether such an employee is entitled to additional unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (ADA) is