The sequel: EEOC updates COVID guidance

As everyone knows, the sequel is almost always messier than the original. Guidance from the Equal Employment Opportunity Commission (EEOC) is no exception. On July 12, the EEOC updated its COVID-19 guidance, taking already complicated guidance that had no clear direction and making it worse with increased reliance on shifting public health standards.

Public health agencies and COVID-19 processes

The EEOC specifically states that employers should look to the Centers for Disease Control and Prevention (CDC), the Food and Drug Administration (FDA), and other public health agencies when assessing COVID-19 processes. Oddly, however, it leaves the Occupational Safety and Health Administration (OSHA) out of its list, even though the administration has been active in setting COVID safety guidance for employers.

This doesn’t mean that OSHA won’t govern employer requirements, just that there may be issues with how each agency’s expectations overlap. Employers have seen this before in the EEOC and the National Labor Relations Board’s (NLRB) conflicting opinion letters and decisions regarding handbooks and confidential information.