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ADA Accommodations for At-Risk Employees: Updated EEOC Guidance, Reasonableness Standard, Return to Work Policies

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, December 15, 2022

Recorded event now available

or call 1-800-926-7926

This CLE course will provide employment counsel with advice on the current EEOC guidance related to reasonable accommodations required under the Americans with Disabilities Act (ADA), particularly how to address requests from high-risk employees. The panel will address the COVID-19 pandemic and caregiver discrimination under federal employment discrimination laws for which technical assistance was issued in March 2022. The program will also address July 2022 updates from the EEOC on potential discrimination claims and the effects of instituting a mandatory testing policy for highly transmittable diseases and when and if requiring vaccination for continued employment is legally viable.


The COVID-19 pandemic created new issues under the ADA, for example by increasing the number and classification of vulnerable employees as defined by federal law, including those who may be suffering from long COVID. Many issues continue to evolve: When can an employer request or require an employee to remain away from the workplace, what accommodations are required and permitted, and how should the parties engage in requesting and evaluating accommodation?

Employment counsel must be aware of the current EEOC guidance, initially issued on May 5, 2020, and updated most recently in March and July 2022, addressing the ADA and COVID-19 directly.

Whether to require COVID testing or vaccination for employees to return to work or for continued or future employment continues to be debated, especially as the cost of such testing is no longer free.

Listen as our authoritative panel discusses the current state of EEOC guidance on the ADA and what employers can and should do when facing a return to work employee who is medically vulnerable. The panel will provide best practices and policies for compliance with the current laws and mitigate future lawsuit risks.



  1. ADA
    1. Determine reasonable accommodation
  2. EEOC guidance
    1. Direct threat assessment
  3. Other state and federal laws
  4. Testing and vaccination requirements
  5. Best practices and policies


The panel will review these and other crucial issues:

  • Is COVID-19 an ADA-covered disability?
  • What is the current EEOC guidance on ADA reasonable accommodations and requests?
  • How has COVID-19 impacted ADA accommodation requests?
  • Can an employer require an employee to be vaccinated against COVID-19?
  • What other state and federal laws may impact a request for reasonable accommodation?


Conley, Jeanine
Jeanine Conley Daves

Office Managing Shareholder
Littler Mendelson

Ms. Conley Daves has represented many of the nation’s leading companies in employment-related disputes and...  |  Read More

Lipomanis, Melanie
Melanie D. Lipomanis

Porzio Bromberg & Newman

Ms. Lipomanis is a member of the firm’s Litigation Practice Group and concentrates her practice on counseling and...  |  Read More

Mook, Jonathan
Jonathan R. Mook


Mr. Mook is a nationally recognized authority on the ADA and is the author of two treatises, “Americans with...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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