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Posted on September 24, 2020

If a nonprofit organization has 15 or more employees, it is subject to the Americans with Disabilities Act (“ADA”), which prohibits discrimination against individuals with disabilities in the workplace and requires the reasonable accommodation of disabilities. On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance entitled “What You Should Know about COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws.” The updated guidance, summarized in this article, provides employers with information about several topics related to return to work and COVID-19 including: the relationship of the ADA and CDC COVID guidance, testing, medical inquiries, and telework as a “reasonable accommodation”.