Chicago, Ill. (August 7, 2020) - After a noticeable pause in activity in many offices across the country, the Equal Employment Opportunity Commission (EEOC) announced this week that it will re-commence issuing Notice of Right to Sue letters, a process that was suspended for four months because of the COVID-19 pandemic.

During the pandemic, the EEOC accepted new administrative charges, but it held open charges in abeyance unless a charging party had requested case closure. The EEOC acknowledged that "further delays in issuing charge closure documents could negatively impact both parties' ability to protect and exercise their rights effectively."

What Employers Can Expect

Private employers may expect to receive copies of Notices of Right to Sue on pending administrative charge files in the mail over the next two months, as the EEOC has already started reviewing charge resolution recommendations.

Because all notices will issue by mail and many places of business remain closed or have employees working remotely, employers should ensure mail is checked regularly. If such a Notice is issued, a charging party will then have 90 days of receipt to file a lawsuit.

The Department of Justice, which issues Notices in investigations involving state and local governments referred to them by the EEOC, has also resumed the issuance of Notices.

New ADA Guidance on Opioids

Additionally, this week the EEOC released two new technical assistance documents that address concerns about the employment provisions of the Americans with Disabilities Act (ADA) and the opioid epidemic. The guidance makes clear that current illegal drug use is not a covered disability, but clarifies that individuals who are lawfully using opioid medication, are in treatment for opioid addiction and are receiving Medication Assisted Treatment, or have recovered from their addiction are protected from disability discrimination.

The documents discuss reasonable accommodations that may be available to employees who currently legally use opioids, as well as what to do if an employer has concerns about the employee's ability to safely perform his or her job. Other guidance informs healthcare providers about their patients' legal rights in the workplace because medical providers are often key participants with employers and workers during the interactive process between an employer and employee seeking to arrange a reasonable accommodation.

The documents can be found at the links below:

"Use and Misuse of Codeine, Oxycodone, and Other Opioids: Information for Employees"

"How Health Care Providers Can Help Current and Former Patients Who Have Used or Misused Opioids Stay Employed"

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