The ADA requires employers to make reasonable accommodations to certain employees, including employees who have an underlying disability that puts them at a heighten risk of Coronavirus. It is important these employees request a reasonable accommodation from their employer to limit the possibility of exposure. Low-cost solutions achieved with materials already on hand or easily obtained may be effective. If not already implemented for all employees, accommodations for those who request reduced contact with others due to a disability may include changes to the work environment such as:

• Designating one-way aisles to prevent cross traffic;
• Marking floors with tape to ensure minimum distances between people;
• Installing plexi-glass or other barriers to ensure minimum distances between customers and coworkers;
• Providing masks, hand sanitizer, sanitizing wipes, and other hygienic protections.

In addition, employees with disabilities that put them at high risk for complications of Coronavirus may request telework as a reasonable accommodation to reduce their chances of infection during a pandemic. However, an employer does not have to provide a particular reasonable accommodation if it poses an “undue hardship ,” which means “significant difficulty or expense.” In some instances, an accommodation that would not have posed an undue hardship prior to the pandemic may pose one now. The employer is required to do an individual assessment to determine whether the accommodation request would be an undue hardship. An employer may consider whether current circumstances create “significant difficulty” in acquiring or providing certain accommodations, considering the facts of the particular job and workplace. “Significant expense” does not mean an employer can reject any accommodation that costs money; an employer must weigh the cost of an accommodation against its current budget while taking into account constraints created by this pandemic.

How Does the ADA Affect Employees?
It is important to realize the ADA protects those with underlying disabilities, but it is not the only federal statute which relates to workplace safety. The other major federal statute to be aware of is Occupational Safety and Health Act (OSHA). This act allows employees to refuse to work if they reasonably believe they are in imminent danger at the workplace. However, the employee must have a specific fear of infection that is based on fact—not just a generalized fear of contracting Coronavirus in the workplace and the employer cannot address the employee’s specific fear in a manner designed to ensure a safe working environment.

If you do not feel comfortable going to work during this pandemic, express these concerns to your employer and request reasonable accommodations be made, for example, that you be allowed to work from home. If you cannot work from home, ask your employer for reasonable accommodations such as personal protection equipment to reduce your exposure, such as masks, gloves, hand sanitizer, ample social distancing from others, and a heightened cleaning process for the workplace.

If you have questions or concerns as an employer or employee during the COVID-19/Coronavirus pandemic, reach out to an attorney immediately. Bohren Law is here to answer your questions during these trying times.