Workplace Accommodations During COVID-19
The COVID-19 pandemic has presented unprecedented challenges. Employers and employees alike have faced obstacles in protecting themselves and others while navigating an evolving workplace environment. Amid all the recent changes, employers must provide reasonable accommodations under the Americans with Disabilities Act (ADA); moreover, employers must address employee concerns about exposure to the coronavirus.
The ADA does not list specific medical conditions that constitute disabilities. Instead, a disability is defined broadly as “a physical or mental impairment that substantially limits one or more major life activities." In light of COVID-19, the ADA may afford additional protection for individuals at a higher risk of developing complications associated with the virus. Employees with certain high-risk factors may be eligible to request reasonable temporary accommodations in the workplace. The CDC identifies two categories of individuals that may have an increased risk of severe illness if exposed to COVID-19: (1) older adults (generally over 65) and (2) people with underlying medical conditions. According to the CDC, underlying medical conditions include chronic kidney disease, chronic obstructive pulmonary disease (COPD), compromised immunity, severe heart conditions, and Type 2 diabetes. Moreover, individuals with conditions, such as asthma or hypertension, those who are pregnant, and others might be at an increased risk for severe illness. While the CDC includes age and pregnancy as factors that increase one's risk of complications, these alone will not qualify an employee to receive accommodations under the ADA.
An employee at a higher risk of virus complications may request accommodation to reduce the risk of exposure to COVID-19. The employer must consider the request, engage in the “interactive process” (discussion between the employer and employee about disability and need for accommodation), and provide the employee with a reasonable accommodation so long as it does not impose an undue hardship on the employer. For example, a high-risk employee may request telework as a reasonable accommodation to reduce exposure to infection during the pandemic. Other reasonable accommodations may include installing physical barriers to ensure minimum distances between individuals or providing an alternative workspace.
It is important to note that employers are allowed to require medical documentation to support your request. Additionally, during the "interactive process," an employee may ask questions about how the disability creates a limitation and whether other accommodations may adequately address the issue.
For more information regarding ADA accommodations during the COVID-19 pandemic visit the US Equal Opportunity Employment Commission website.
