Reopening Challenges: Dealing With Higher-Risk Employees BY JOEL GREENWALD The laws are changing rapidly in the current pandemic. Therefore, the legal issues discussed here are subject to change. It is best to consult with your counsel concerning any legal advice. In a recent update on COVID-19 guidance, the Equal Employment Opportunity Commission (EEOC), the federal agency tasked with, among other things, enforcing the Amer- icans with Disabilities Act (ADA), addressed protections afforded to employees who are deemed to be at higher risk from COVID-19. The guidance also clarified when the employer may (or may not) exclude such employees from the workplace, and most notably, provided examples of accommodations that could mitigate COVID-19 related risks while still bring- ing these higher-risk employees back into the workplace. Below, we summarize the key components of the new guidance and address what it could mean for businesses. Q: Who is a higher-risk employee? A: According to the CDC, an employee falling into one of CONTINUED ON PAGE 37 Joel Greenwald
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June 1, 2020
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