Nardone HR & Management Consulting (“Nardone Consultants”) realizes that the Coronavirus (“COVID-19”) has created new human resource and employment issues. To address some of these issues, the Equal Employment Opportunity Commission (“EEOC”) released the Pandemic Preparedness in the Workplace and the Americans With Disabilities Act to provide guidance on questions raised related to COVID-19 and federal anti-discrimination laws. This guidance specifically addresses: (i) what an employer can legally do to protect its workforce and (ii) what questions can be asked, or screening can be conducted, related to COVID-19, in the hiring and on-boarding processes.
EEOC’s guidance provides answers to common pandemic-related questions regarding what steps you may take: (i) to protect your existing workforce and (ii) when hiring new employees. Below is important information, from these guidelines, that every employer needs to know:
Steps You May Take Regarding Potential New Employees
The EEOC and the Ohio Civil Rights Commission are responsible for enforcing anti-discrimination laws such as the Americans with Disabilities Act (“ADA”), the Rehabilitation Act, and other EEO laws. These laws are still enforced during the pandemic but are not intended to interfere with or prevent employers from following guidelines and suggestions made by the CDC or state/local public health authorities. In fact, it is vital for employers to keep up with and follow the ever changing recommendations, issued by CDC and state/local public health authorities, to protect the health and safety of their employees, their clients/customers, and other third parties. Additionally, employers must take steps to ensure they safeguard their business’ health by complying with anti-discrimination laws and following corresponding EEOC guidance as new human resource and employment issues come up related to the pandemic. For more information about the pandemic and its impact on your business, see our previous articles The Coronavirus (COVID-19) and What Employers Need to Know and Families First COVID-19 Response Act, DOL Release, and Required Workplace Poster. Stay tuned…Nardone Consultants will continue to provide updates and other new information on how you can: (i) comply with anti-discrimination and anti-harassment laws and (ii) ensure an overall atmosphere of respect in the workplace.
Contact Nardone Consultants
Nardone HR & Management Consulting (“Nardone Consultants”) advises and represents employers in human resource (“HR”), management, and employment law matters. Tanya Nardone is working diligently to stay up to date on the latest COVID-19 information for her clients. While new information comes out related to the pandemic, Tanya will be answering client’s questions and providing aid to those in need. Nardone Consultants knows it is critical to minimize disruptions in the workplace, especially in these trying times. Nardone Consultants’ goal is to tailor its services to meet each client’s needs from representing clients against discrimination or harassment charges filed with EEOC or OCRC or providing guidance to pandemic-specific issues that arise while federal and state agencies implement new public health requirements on businesses. For further information or advice on how to best handle your business’ situation, contact Nardone Consultants.
This article provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.
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