COVID-19 Regulations

As mandatory work-from-home restrictions related to COVID-19 relax, many employees have asked to continue working remotely to protect themselves and their families. Understandably, many csm_FlatDesign-Telework_c532b56131-300x196 employers are unsure how to respond to such requests on both a practical and legal level. This two-part series addresses some legal considerations for employers and employees regarding teleworking as a way to minimize health risks posed by COVID-19 for individuals with disabilities. In Part 1, herein, we provide an overview of the reasonable accommodation laws protecting an employee with a disability.

Whether an employer is required to allow an employee to telework to accommodate a disability triggers the Rehabilitation Act and the Americans with Disabilities Act. Both Acts prohibit employers from discriminating against an otherwise qualified individual with a disability. 42 U.S.C. § 12112(a); 29 U.S.C. § 794(a). Discrimination includes failing to reasonably accommodate an employee with a disability. 42 U.S.C. § 12112(b)(5).

Qualified Individual with a Disability

As Georgia schools and other businesses respond to open and operate safely in the face of the COVID-19 Pandemic, many are posting warning signs consistent with a new law in the state passed to protect them from liability.

Georgia-based Business and Healthcare Law Firm

This summer, Georgia joined many other states in passing a law to protect businesses including healthcare facilities and workers from liability from lawsuits brought by individuals or their survivors related to infections from or exposure to COVID-19 in visiting the premises of or obtaining healthcare services or personal protective equipment from those facilities, entities or individuals. Senate Bill 359, signed by the Governor on August 5, 2020 provides that no healthcare facility or provider, entity or individual shall be liable for damages in an action involving a “COVID-19 liability claim” unless the claimant proves the actions of the healthcare facility, entity or individual resulted from gross negligence, willful and wanton misconduct, reckless or intentional infliction of harm.

Articles Posted in COVID-19 Regulations

Telework as a Reasonable Accommodation During the COVID-19 Pandemic: Part 1—Overview of Reasonable Accommodation Laws

Georgia Schools and Businesses Post Warning Signs to Avoid Liability Under COVID-19 Pandemic Business Safety Act