Employers have been struggling with exactly what information they are permitted to disclose to a public health agency when an employee is diagnosed with COVID-19. The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency. However, employers will still need to be mindful of other more stringent state restrictions and privacy concerns. The EEOC also said that a temporary staffing agency or contractor that places an employee in an employer’s workplace may notify the employer if it learns the employee has COVID-19.

Employers should, however, continue to take steps to limit the number of people who know the name of the employee. While it is important to conduct a close contacts analysis and notify co-workers and other individuals who may have come into contact with the employee, employers should not disclose the employee’s identity.

The EEOC also addressed several other important questions from employers in its updated “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.

Please visit our COVID-19 resource webpage or subscribe to our COVID-19 publications and webinar invitations to stay abreast of the developments or contact a JL attorney directly with any questions.

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Photo of Patricia Anderson Pryor Patricia Anderson Pryor

Patricia Anderson Pryor is a Principal and Litigation Manager of the Cincinnati, Ohio, office of Jackson Lewis P.C. She is an experienced litigator in both state and federal courts, representing and defending employers in nearly every form of employment litigation, including class actions.

Patricia Anderson Pryor is a Principal and Litigation Manager of the Cincinnati, Ohio, office of Jackson Lewis P.C. She is an experienced litigator in both state and federal courts, representing and defending employers in nearly every form of employment litigation, including class actions.

Ms. Pryor represents and advises employers in federal and state administrative proceedings, in all forms of dispute resolution, including mediation and arbitration, and in managing all aspects of the employment relationship. She has represented employers before the EEOC, the DOL, the DOJ, the OFCCP, and the NLRB, in addition to various state agencies.

Ms. Pryor also works with employers to avoid litigation by developing effective policies and practices, including harassment policies, social media policies, FMLA practices, attendance programs, affirmative action programs and wellness plans. She conducts proactive wage and hour audits, harassment investigations and compensation/pay equity reviews.

She is a frequent speaker at legal seminars and to employers and professional groups and provides training to managers and human resource professionals on a wide variety of employment and legal issues, including wage and hour issues, harassment, disability, the Family and Medical Leave Act, pay equity and affirmative action obligations. She has been featured on the radio program “Employment Straight Talk” and has published a number of employment law articles.

While attending law school, Ms. Pryor was a member of the editorial board of the University of Cincinnati Law Review.

Learn more about Ms. Pryor on the Jackson Lewis website.

Photo of Katharine C. Weber Katharine C. Weber

Katharine Weber is a Principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. Ms. Weber has experience litigating wrongful discharge cases, managing discrimination cases, negotiating collective bargaining agreements, representing employers…

Katharine Weber is a Principal in the Cincinnati, Ohio, office of Jackson Lewis P.C. and is a contributor to the Disability, Leave & Health Management Blog. Ms. Weber has experience litigating wrongful discharge cases, managing discrimination cases, negotiating collective bargaining agreements, representing employers before the Equal Employment Opportunity Commission and other federal and state agencies, advising management on employment relations, drafting employee handbooks, and negotiating severance agreements.

Learn more about Ms. Weber on Jackson Lewis website.