--- title: "And Now A Word From the EEOC...." description: "" url: "https://wimlaw.com/articles/and-now-a-word-from-the-eeoc" date: "2026-06-13T23:24:24+00:00" language: "en-US" --- # And Now A Word From the EEOC.... Written on April 10, 2020. With other federal agencies such as the DOL and OSHA issuing detailed guidance and rules in this time of COVID-19, the EEOC wants everyone to know that they are doing—not a whole lot. Yesterday, they issued some Technical Assistance entitled [What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws](https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws). This document updates more detailed guidance for a pandemic that the EEOC issued back in 2009. According to this new technical assistance, not only may employers lawfully take employee temperatures to screen for COVID-19, they may also ask employees if they are experiencing any symptoms of COVID-19, such as fever, chills, cough, shortness of breath, sore throat, new loss of smell or taste as well as gastrointestinal problems, such as nausea, diarrhea, and vomiting. All medical information acquired in response to these questions must be maintained as confidential. There are also some questions and answers, but for the most part, the EEOC defers to the CDC and public health authorities. The EEOC has also temporarily suspended the issuance of charge closure documents unless a charging party requests them. Normally, when the EEOC closes a file, it issues a Notice of Right to Sue, and if a charging party wants to file a lawsuit, they must do so within 90 days from receipt of that Notice of Right to Sue. Basically, the EEOC is not issuing Notices of Right to Sue unless a charging party asks for one, which is slowing down an already slow charge investigation and closure process. Fear not, because the EEOC is likely to get very busy after the public health crisis passes. Not only will they need to resolve the backlog of open cases, but right now, people can file charges with EEOC through its electronic portal. We can expect to see charges filed by many laid off or furloughed employees who believe that these actions were discriminatory. In addition, we expect charges filed pursuant to the Americans With Disabilities Act arising out of accommodation requests or medical inquiries. Pro Tip: Right now, employers need to be ready for a possible onslaught of discrimination charges. To that end, it is critical that employers prepare and preserve documentation to support the non-discriminatory reasons for their layoff and furlough decisions. In addition, make sure that all employee medical information is preserved as confidential, and do not be tempted to ask for any medical information beyond what is necessary to determine if the employee has been exposed to COVID-19 or for other reasons that are job-related and consistent with business necessity. This is an unprecedented situation, so consulting with qualified counsel is more important than ever. - [](https://x.com/intent/post?url=https%3A%2F%2Fwimlaw.com%2Farticles%2Fand-now-a-word-from-the-eeoc.md&text=) - [](https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fwimlaw.com%2Farticles%2Fand-now-a-word-from-the-eeoc.md) - [](https://www.linkedin.com/sharing/share-offsite/?url=https%3A%2F%2Fwimlaw.com%2Farticles%2Fand-now-a-word-from-the-eeoc.md) - [](mailto:?subject=And%20Now%20A%20Word%20From%20the%20EEOC....) ![Kathleen J. Jennings](https://wimlaw.com/images/resources/articles/2020/06/kathleen-portrait-300.jpg) Kathleen J. Jennings Former Principal Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters. ## Related Content ## Get Email Updates Receive newsletters and alerts directly in your email inbox. Sign up below. ## Recent Content [ Articles ](https://wimlaw.com/index.php?option=com_content&view=category&id=205) [ ![ai, human reach out](https://wimlaw.com/media/yootheme/cache/f1/igor-omilaev-FHgWFzDDAOs-unsplash-f12346e8.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1582:fcra-litigation-challenges-employers-ai-hiring&catid=53)### [FCRA Litigation Challenges Employers’ Use of AI Hiring Platforms](https://wimlaw.com/index.php?option=com_content&view=article&id=1582:fcra-litigation-challenges-employers-ai-hiring&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) A January 20, 2026, class action filed against Eightfold AI, Inc. in California is sending shockwaves through the employer and AI community… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1582:fcra-litigation-challenges-employers-ai-hiring&catid=53) [ ![danger sign, skull](https://wimlaw.com/media/yootheme/cache/01/mikael-seegen-jX6WXNkvsPs-unsplash-01c1ebef.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1584:ai-research-discovery-requests-dangers&catid=53)### [The Dangers of Employers Using AI Research Tools as to Discovery Requests from Plaintiffs](https://wimlaw.com/index.php?option=com_content&view=article&id=1584:ai-research-discovery-requests-dangers&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) A second “bombshell” affecting HR pertaining to AI is a federal court ruling in New York, that a defendant’s use of AI in researching and p… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1584:ai-research-discovery-requests-dangers&catid=53) [ ![CHAT GPT](https://wimlaw.com/media/yootheme/cache/64/emiliano-vittoriosi-fvxNerA8uk0-unsplash-64a16be4.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1585:ai-employer-protection&catid=53)### [Two Subsequent Cases Protect Defendant’s Use of AI as Subject to Work-product Protection](https://wimlaw.com/index.php?option=com_content&view=article&id=1585:ai-employer-protection&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) Soon after the deciding of the above-discussed case on February 17, 2026, in U.S. v. Heppner, a criminal case in the District Court for the… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1585:ai-employer-protection&catid=53) [ ![avoid, wave away](https://wimlaw.com/media/yootheme/cache/6f/priscilla-du-preez-NQTphr4Pr60-unsplash-6fb4df83.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1586:employer-avoid-waiving-privileges-ai-research&catid=53)### [Is There Anything an Employer Can Do to Avoid Waiving Privileges in Using AI Research Tools?](https://wimlaw.com/index.php?option=com_content&view=article&id=1586:employer-avoid-waiving-privileges-ai-research&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) There are no easy answers to the above question, but some general observations will nevertheless be made. First, the New York district cou… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1586:employer-avoid-waiving-privileges-ai-research&catid=53) [ ![ai visualization](https://wimlaw.com/media/yootheme/cache/45/milad-fakurian-5yWtM3M3JKM-unsplash-45306e6d.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1587:ai-legal-recommendations&catid=53)### [Suggestions on Use of AI](https://wimlaw.com/index.php?option=com_content&view=article&id=1587:ai-legal-recommendations&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) Perhaps the starting point is to look at the type of AI platforms generally available. At a recent conference about AI use for HR, speaker… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1587:ai-legal-recommendations&catid=53) [ ![june 2026 legal immigration webinar promo graphic](https://wimlaw.com/media/yootheme/cache/45/june-2026-webinar-immigration-453d45bc.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1583:worksite-enforcement-tps-parole&catid=221)### [Worksite Enforcement and TPS and Parole Status Update](https://wimlaw.com/index.php?option=com_content&view=article&id=1583:worksite-enforcement-tps-parole&catid=221) [Webinars: Employment Law "Hot Topics"](https://wimlaw.com/index.php?option=com_content&view=category&id=221) The webinar covers how to deal with a worksite enforcement action and various types of immigration enforcement activities. The webinar also… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1583:worksite-enforcement-tps-parole&catid=221) ### Additional Legal Resources [### Newsletter Explore ](https://wimlaw.com/publications/newsletters) [### Books Explore ](https://wimlaw.com/publications/books) [### Alerts Explore ](https://wimlaw.com/alerts) [### Articles Explore ](https://wimlaw.com/articles) [### Audits Explore ](https://wimlaw.com/audits) [### Events Explore ](https://wimlaw.com/events) ## Schema ```json { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://wimlaw.com" }, { "@type": "ListItem", "position": 2, "name": "Articles", "item": "https://wimlaw.com/articles" }, { "@type": "ListItem", "position": 3, "name": "And Now A Word From the EEOC....", "item": "https://wimlaw.com/articles/and-now-a-word-from-the-eeoc" } ] } ```