“2021 Trends: Dealing with the Impact of the Continued Pandemic Emergency in a Legally Compliant Manner,” was the subject of a presentation by DiMuroGinsberg partner, Jonathan R. Mook, for a January 20, 2021 webinar sponsored by Simplify Compliance. As part of his presentation, Jonathan addressed the legal ramifications stemming from the increased reporting by employees of symptoms of anxiety and stress and how those symptoms may be indicia of a disability under the Americans with Disabilities Act (“ADA”). According to the Centers for Disease Control, the number of persons with symptoms of anxiety disorders tripled in 2020 compared to 2019. That increase is likely to continue into 2021, Jonathan predicted.
As a result, Jonathan cautioned employers to carefully consider the concerns of employees who report episodes of anxiety and stress and to make an assessment as to whether they may have a legal basis to claim coverage under the ADA. Jonathan discussed the common types of accommodations that an employer may need to provide to accommodate employees with mental disabilities exacerbated by the pandemic. These accommodations include telework, modified work schedules, medical leave, and the elimination of stressful, nonessential job functions.
Jonathan’s presentation also addressed the ways in which employers can facilitate the return of employees to the workplace. In doing so, Jonathan emphasized the obligation of employers to ensure the safety of those returning to work, which may include instituting social distancing policies, mask mandates, and more intensive cleaning and disinfection protocols. Additionally, Jonathan discussed the EEOC’s recent guidance pertaining to the pandemic, including allowing employers to institute health screenings and COVID-19 testing of employees returning to the workplace. The EEOC’s recent guidance allowing employers to mandate COVID vaccinations also was discussed. Jonathan advised, however, that employers should proceed with care in imposing a vaccination mandate, especially in light of an employer’s obligation to reasonably accommodate disabled employees who for health reasons should not be vaccinated, as well as to accommodate other employees whose religious belief opposes vaccinations.
If you would like to receive a copy of the PowerPoint for Jonathan’s presentation, you may contact him at firstname.lastname@example.org.