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Are your COVID policies able to continue?

    June 14, 2023

     

    COVID-19 Public Health Emergency Ends, but Some Pandemic-Era Accommodations May Continue

     

    Despite the federal government recently ending the COVID-19 public health emergency, organizations can continue implementing many pandemic-related practices.

    The U.S. Equal Employment Opportunity Commission (EEOC) in May updated its COVID-19 technical guidance to advise employers to evaluate accommodations granted during the public health emergency and, in consultation with the employee, assess whether there continues to be a need for reasonable accommodation based on individualized circumstances.

    Some additional updates include:

    • Companies can provide a temporary reasonable accommodation, such as a modified work schedule, for workers with COVID-19 while figuring out what kind of long-term accommodation will be needed.
    • If employers require workers to be tested for COVID-19 or to have their temperatures taken, these measures must be "job-related and consistent with business necessity."
    • An organization's pandemic-related circumstances, such as financial constraints, may be considered when determining whether a particular reasonable accommodation would be an "undue hardship," although most accommodations are inexpensive or cost nothing. If an accommodation does pose an "undue hardship," the employer and employee should collaborate to find alternatives.
    • Pregnant workers who don't want to be vaccinated against COVID-19 should be treated the same as those who don't get vaccinated because of their disabilities or religious beliefs.
    • Asking an employee whether their family members have COVID-19 or symptoms of COVID-19 is prohibited and would violate the Genetic Information Nondiscrimination Act.

    Vaccination Provisions Revoked

    In a final rule published in the Federal Register June 5, the Centers for Medicare & Medicaid Services (CMS) withdrew its requirement that health care workers get the COVID-19 vaccine. Other CMS requirements surrounding COVID-19 vaccines will remain. The information is gathered articles on the news from SHRM Online and other media outlets.

    COVID-19 Public Health Emergency Ends, but Some Pandemic-Era Accommodations May Continue (shrm.org)

    CMS Withdraws Vaccine Requirement for Health Care Workers (shrm.org)

    Commentary by: Raylea Stelmach

    Edited by: Kim Moss