ADA – Coronavirus (COVID-19)

May 8, 2020 by Duane Morris

EEOC Revisits – and Revises – COVID-19 Return to Work Guidance on Accommodating Employees with Underlying Medical Conditions

The Equal Employment Opportunity Commission continues to update its guidance regarding the interplay between COVID-19, the Americans with Disabilities Act and other EEO laws. Divided into seven sections, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws addresses employers’ frequently asked questions on disability-related inquiries and medical exams, hiring and onboarding, reasonable accommodations and returning to work in light of the COVID-19 pandemic.

To read the full text of this Duane Morris Alert, please visit the firm website.

April 14, 2020September 3, 2020 by Duane Morris

Guidance on Disability Rights and Distance Learning During the COVID-19 Pandemic from OCR

On April 3, 2020, the Office for Civil Rights continued its guidance on how institutions can implement distance learning while complying with federal civil rights laws. This guidance is timely because distance learning due to COVID-19 is redefining how most educational institutions operate. When all levels of academic institutions had to close their doors due to stay-at-home orders, many of them opened the proverbial window by turning to online education. Despite its increasing popularity over the past decade or so, distance learning remains an emerging landscape for many institutions as they navigate purchasing/installing new technology, implementing new methods of teaching, and ensuring connectivity with students. OCR’s guidance provides a roadmap to this new territory.

To read the full text of this post by Duane Morris attorney Bryce Young, please visit the Duane Morris UpdatED Blog.

April 6, 2020August 31, 2020 by Duane Morris

HHS Office of Civil Rights Issues Bulletin Regarding COVID-19 and Civil Rights Issues and Resource Allocation

By Colin Knisely

In response to a complaint from disability advocacy groups in Washington state regarding health care rationing, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a reminder to entities covered by federal civil rights statutes of their ongoing obligation, amid the COVID-19 crisis, to prohibit discrimination on the base of race, color, national origin, age, religion, sex, and disability. OCR is responsible for enforcing the Americans with Disabilities Act (ADA), Section 1557 of the Affordable Care Act, and Section 504 of the Rehabilitation Act. The bulletin reminds covered entities that “persons with disabilities should not be denied medical care based on stereotypes, assessments of quality of life, or judgments about a person’s relative ‘worth’ based on the presence or absence of disabilities.” Continue reading “HHS Office of Civil Rights Issues Bulletin Regarding COVID-19 and Civil Rights Issues and Resource Allocation”