Pub. 5 Issue 4

19 A .14. When an employee returns from travel dur- ing a pandemic, must an employer wait until the employee develops COVID-19 symptoms to ask questions about where they have traveled? No. Questions about where a person traveled would not be disability-related inquiries. If the CDC or state or local public health officials recommend that people who visit specified loca- tions remain at home for a certain period, an employer may ask whether employees are returning from these locations, even if the travel was personal. B.7. An employer knows that an employee is teleworking because the person has COVID-19 or symptoms associated with the disease and that he is in self-quarantine. May the employer tell staff that this particular employee is teleworking without saying why? Yes. If staff need to know how to contact the employee and that the employee is working even if not present in the workplace, then disclosure that the employee is teleworking without say- ing why is permissible. If the employee was on leave rather than teleworking because he has COVID-19 or symptoms associated with the disease or any other medical condition, then an em- ployer cannot disclose the reason for the leave, just the fact that the individual is on leave. D .14. When an employer requires some or all of its employees to telework because of COVID-19 or government officials require employers to shut down their facilities and have workers telework, is the employer required to provide a teleworking employee with the same reasonable accommo - dations for disability under the ADA or the Reha - bilitation Act that it provides to this individual in the workplace? If such a request is made, the employer and employee should discuss what the employee needs and why, and whether the same or a different accommodation could suffice in the home setting. For example, an employee may already have certain things in their home to enable them to do their job so that they do not need to have all of the accommodations that are provided in the workplace. Also, the undue hardship considerations might be different when evaluating a request for accommodation when teleworking rather than working in the workplace. A reasonable accommo- dation that is feasible and does not pose an undue hardship in the workplace might pose one when considering circumstances, such as the place where it is needed and the reason for telework. For example, the fact that the period of telework may be of a temporary or unknown duration may render certain accom- modations either not feasible or an undue hardship. There may also be constraints on the normal availability of items or on the ability of an employer to conduct a necessary assessment. As a practical matter, and in light of the circumstances that led to the need for telework, employers and employees should both be creative and flexible about what can be done when an employee needs a reasonable accommodation for telework at home. If possible, providing interim accommodations might be appropriate while an employer discusses a request with the employee or is waiting for additional information. D .15. Assume that an employer grants telework to employees to slow or stop the spread of COVID-19. When an employer reopens the work- place and recalls employees to the worksite, does the employer automatically have to grant telework as a reasonable accommodation to every employee with a disability who requests to continue this arrangement as an ADA/Reha - bilitation Act accommodation? No. If an employee requests a reasonable accommodation, the employer is entitled to understand the disability-related limitation that necessitates an accommodation. If there is no disability-related limitation that requires teleworking, then the employer does not have to provide telework as an accommodation. Or, if there is a disability-related limitation, but the employer can effectively  EEOC CLARIFIES — continued from page 18 If possible, providing interim accommodations might be appropriate while an employer discusses a request with the employee or is waiting for additional information.