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EEOC Updates COVID-19 Technical Assistance Publication

September 9, 2020

Learn More at AGC’s Construction HR and Training Virtual Conference

The U.S. Equal Employment Opportunity Commission (EEOC) posted an updated technical assistance document, “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws (WYSK),” which incorporates information from other agency resources and modifies two existing Q&As in order to create a user-friendly comprehensive guide that addresses common questions about COVID-19 and federal equal employment opportunity laws for employers, advocates, and workers.

The updated WYSK adds 18 questions and answers that have been adapted from two other EEOC technical assistance resources: “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” and a March 27, 2020 publicly available EEOC webinar.  These newly incorporated Q&As are identified on the WYSK with a parenthetical that lists the date added and provides the source from which it was adapted.

In addition, the EEOC updated two existing WYSK Q&As in order to provide helpful clarifications that reinforce prior EEOC statements about COVID-19 and the EEO laws.  First, in the updated “A.6.,” the EEOC more fully explains its existing position about employers administering COVID-19 tests before permitting employees to enter the workplace.  Second, in the updated “D.8.,” the EEOC clarifies its existing position on employers’ authority to invite employees not currently in the workplace to request disability accommodation in advance of their expected return if they choose to do so.

For a deeper dive into how to react to COVID-19’s impact on EEOC laws, Sharon Rennert, Senior Attorney Advisor for the EEOC will be presenting a session on COVID-19 and ADA at AGC’s 2020 Construction HR and Training Professionals Virtual Conference in October. AGC's “HR/TED Conference” this year provides three days of education and networking for HR, training, and workforce development professionals in the construction industry. Also back by popular demand is the pre-conference Federal Construction HR Workshop designed to help staff responsible for compliance on federal and federally assisted projects, this workshop provides practical information and best-practice advice from experts and peers experienced in the area. Included in this year's workshop is a two-part (beginner & advanced) Davis-Bacon and Related Acts training, which is also available for standalone purchase.  Other session topics include “A Cross-Disciplinary Approach to OFCCP’s Heightened Focus on the Construction Industry” and “Federal Contractors' Ethics Obligations”. 

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For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

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