By Jon Hyman
Jun. 23, 2020
One of the questions I have received most from clients during this pandemic comes in some variation of the following: “An employee [does not want to come into work/wants to work from home/wants a leave of absence] because s/he lives with someone who is at high risk for coronavirus complications. What do we do?”
In other words, must you accommodate an employee for the employee’s close family member’s disability?
Is an employee entitled to an accommodation under the ADA in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition?
No. Although the ADA prohibits discrimination based on association with an individual with a disability, that protection is limited to disparate treatment or harassment. The ADA does not require that an employer accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom she is associated.
For example, an employee without a disability is not entitled under the ADA to telework as an accommodation in order to protect a family member with a disability from potential COVID-19 exposure.
We build robust scheduling & attendance software for businesses with 500+ frontline workers. With custom BI reporting and demand-driven scheduling, we help our customers reduce labor spend and increase profitability across their business. It's as simple as that.
Hi, My name is Meg and this is my introduction to Workforce.com
Find out how Workforce.com powered vaccine sites with demand driven scheduling and attendance.
BenefitsEEOC says that employers legally can offer incentives to employees to get vaccinated in almost all instances
If you’re an employer looking to get as many of your employees vaccinated as possible, you can rest eas...
ADA, CDC, COVID-19, EEOC, GINA, pandemic, vaccinated
BenefitsFixing some common misconceptions about HIPAA
Ever since the CDC amended its COVID-19 guidance to say that the fully vaccinated no longer need to wea...
COVID-19, health care, HIPAA, human resources, wellness
BenefitsWe are in the midst of a public mental health crisis; how employers can help
Do not ignore these issues or your employees who are living with them. Mental health illnesses are no d...
ADA, benefits, Coronavirus, FMLA, mental health, paid time off