The Equal Employment Opportunity Commission (EEOC) recently released guidance for employers in the USA concerning existing employees and new hires relating to the Coronavirus Pandemic (COVID-19)… And any time a significant document regarding pre-employment background screening or managing employees in general, such as the recent guidance from the EEOC, companies should take immediate notice and work with a well-qualified third-party pre-employment background screening agency in order to remain compliant with law.

With the new Guidance companies now have procedures as how to manage a business in the midst of a pandemic. The EEOC is clear in how to manage potential illness and information related to such under the law and ADA.

From AkinGump.com (Apr. 01, 2020):

The EEOC’s guidance clarifies how, consistent with federal disability discrimination laws, employers may (i) screen new hires and employees for COVID-19, including by using temperature checks; (ii) protect the workforce by delaying start dates for new hires and removing employees from the workplace who present a risk of transmitting the virus to others; (iii) notify coworkers who may have been exposed to the virus due to an employee testing positive; and (iv) ensure that employees returning to work are fit to do so through certification by a health care provider. ^{akingump.com/en/news-insights/eeoc-issues-updated-guidance-on-covid-19-and-federal-disability-discrimination-laws.html}

Additionally COVID 19 is considered a “direct threat” as considered under the ADA.

From HKLaw.com (Mar. 25, 2020):

The ADA generally prohibits employers from discriminating against applicants or employees on the basis of disability. However, the ADA allows employers to exclude individuals from the workplace if they pose a “direct threat” to the health or safety of themselves or other employees. A direct threat is defined as someone who poses a “substantial risk” to the health or safety of other employees in the workplace that cannot be mitigated or eliminated by reasonable accommodation.

On March 21, 2020, the EEOC declared that the COVID-19 pandemic meets the definition of a direct threat. ^{https://www.hklaw.com/en/insights/publications/2020/03/eeoc-updates-published-guidance-for-covid-19-pandemic-preparedness}

It is important that companies and organizations pay close attention to new rules and guidance on how to handle their employees during this crisis. They must remain vigilant in ensuring the people within their organizations and the people they come in contact through won’t be further spreading COVID-19.

Additionally when it comes to new hires the rules have not really changed as new hires must be treated fairly and equally throughout the vetting and hiring process, and must follow all guidance provided by the EEOC. With the COVID 19 outbreak those rules have been slightly altered but the overarching principle of equality and non-discrimination remain firm.

To read more about this subject read the recent press release: COVID19 and the EEOC Guidance