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What I’ve Been Reading This Week


I found a few good articles to focus on this week, including a tip from a loyal reader of the blog about EEOC guidance as to the applicability of the ADA while we deal with the coronavirus pandemic.  As I note below, this guidance is routinely updated by the EEOC, but it is worth reviewing to see what is/is not acceptable conduct in the workplace (without running afoul of the ADA), while dealing with the coronavirus.

As always, below are a couple articles that caught my eye this week.


With Work From Home the Norm For Many, Privacy Concerns Among Workers Rise

Many workers have likely transitioned to some semblance of a work from home setup over the past few weeks or months.  For some, that work from home arrangement includes having zoom meetings, calls, virtual meeting rooms, instant messaging, etc. with their co-workers, employers, and customers/clients.  However, while the work from home setup has become the norm for many workers, some are expressing hesitation over the potential privacy ramifications that have arisen over this increased use of technology while away from the traditional workplace.  The Washington Post published an article recently that noted there are several different companies that offer software that enable employers to monitor how much work their employees do by taking screen shots of the computers of their employees, tracking the time logged in on work computers, tracking the amount of activity over a given timeframe, etc.  Of course, this is not even taking into account concerns over webcams and microphones being monitored as well to track employee productivity.  While there is likely no middle ground here, in regard to allowing employers to effectively monitor the work output of their employees versus the need for privacy, this article has some interesting things to consider as work from home continues for many across the country.


Before UFC 249, Fighters Required to Sign Agreement Not to Disparage Company’s Coronavirus Prevention Measures

Bloomberg published an article over the past weekend, following Saturday evening’s UFC 249 event that took place in Florida, which noted that the UFC apparently required those that fought in the event to sign a non-disparagement agreement, agreeing not to criticize the company’s safety protocols.  In addition to signing the non-disparagement document, fighters were required to sign a waiver and acknowledge that the company was not making any guarantees about local hospital facilities’ capacities, ability to treat for the coronavirus, or whether going to the hospital would expose them to the coronavirus.  While some have questioned whether these waivers and non-disparagement documents would be enforceable, I would not be surprised to see similar documents become commonplace in sports as sporting events start to take place again.


The EEOC, ADA, & the Coronavirus

The Equal Employment Opportunity Commission (“EEOC”) often provides guidance on a host of issues/statutes, so that employers and workers alike can have a general idea of how certain laws apply in a given situation.  The EEOC has maintained (and updated) a section of its website to provide guidance on how the Americans with Disabilities Act (“ADA”) applies in the age of the coronavirus. It is a good idea to check back with the EEOC frequently as this guidance is often updated.  In the meantime, this guidance provides readers with a general idea of how the ADA applies in the workplace while the coronavirus pandemic continues to play out.

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