SpaceX successfully launches 60 more Starlink satellites as it continues towards 2020 service debut

SpaceX has launched another big batch of Starlink satellites, the low Earth orbit spacecraft that will provide connectivity for its globe-spanning high-bandwidth broadband internet network. This brings the total number of Starlink satellites on orbit to 422, though the company plans to de-orbit two of those (the first two prototypes launched) shortly.

Already, SpaceX is the largest private satellite operator in existence – by a wide and growing margin. It’s also managed to keep up the frequent pace of its Starlink launches despite the global COVID-19 crisis, with its last launch taking place March 18. In total, it has flown four such missions since the start of the year, just four months into 2020.

The company has good reason to want to keep up that aggressive pace: Each launch brings it closer to the eventual launch of the Starlink broadband service that the satellites will provide the network backbone for. SpaceX wants that network to be live with coverage available in Canada and the Northern U.S. by sometime later this year, and because of the way its approach works, with small satellites orbiting much closer to Earth than traditional geostationary internet satellites and handing off the connection to one another as they pass the coverage area, they need a whole lot of them to provide stable, reliable, low-latency connections for consumers and businesses.

Starlink aims to expand its service to customers globally next year, which will require even more launches and a much larger constellation. Ultimately, the company has filed documents indicating it could launch between 12,000 and 42,000 small satellites to build out the network to its eventual state, depending on demands and performance.

SpaceX CEO and founder Elon Musk detailed some of the measures that the company is taking to address complaints that its Starlink satellites are interfering with Earth-based observation of the night sky. The satellites produce lights and can present as light streams in astrophotography, and astronomers argue they interfere with stellar observation and research through Earth-based telescopes and observatories.

Today’s launch also included a recovery attempt for the Falcon 9 booster rocket used, which flew before on SpaceX’s Demo-1 Crew Dragon mission, as well as twice more in 2019. The Falcon 9 landed as planned on SpaceX’s drone ship in the Atlantic Ocean, hopefully marking a return to form after a couple of Falcon 9 booster landings went awry earlier this year.

SpaceX will also attempt to recover the fairing halves used to protect the Starlink satellite cargo during the launch, though not by using nets to catch them as they fall back to Earth slowed by parachutes, due to system upgrades. Instead, it’ll be looking to fish them out of the water, and we’ll update this post with those results, when and if SpaceX makes them available. The company is looking to re-use fairings more frequently, and the net capture process makes it easier to refurbish them for additional use. This is another cost-saving measure as SpaceX continues to strive towards full launch vehicle reusability with its Starship spacecraft, now in development.


Source: Tech Crunch

Facebook’s $5.7 billion bet on Indian giant Jio spells trouble for Amazon and Flipkart

Facebook’s major bet on Jio Platforms could create a headache for mobile payments services that have amassed tens of millions of users while struggling to find a business model in the world’s second-largest internet market.

The $5.7 billion investment, Facebook’s second-largest to date, could also further its dominance in India — its biggest market by user count — by expanding the reach of consumer-facing services like WhatsApp and expanding its lead over ByteDance’s TikTok, which has amassed more than 250 million Indian users in two years.

But based on what Facebook and Reliance Jio executives have shared — along with feedback from several industry analysts — the companies that need to worry most about this multi-billion-dollar bet are Walmart’s Flipkart, Paytm and Amazon.

Facebook and Jio executives said their companies will work together to build solutions; their biggest synergy would revolve around JioMart and WhatsApp, given that Reliance Jio is India’s top telecom network with more than 380 million subscribers.

One of those collaborations may allow users to find local stores around them on WhatsApp, talk to store operators and place orders from within the Facebook-owned instant messaging service, said Ajit Mohan, a Facebook VP who spearheads the company’s business in India, in an interview with TechCrunch.

“You can browse shops and talk to the shop owner. And ultimately, where we do want to take this flow is for you to be able to place your orders,” he said. Mohan refuted reports that Facebook saw the deal as an opportunity to turn WhatsApp into a so-called “super app,” however.


Source: Tech Crunch

AT&T loses 897K more pay TV subscribers in Q1 2020, adding pressure to HBO Max launch

AT&T gave a first look into how the pay TV business is faring amid the coronavirus pandemic…and it’s not great. The company reported today as a part of its Q1 2020 earnings that its traditional pay TV services, including DIRECTV and its newer streaming option AT&T TV, saw a combined net loss of 897,000 subscribers in the quarter. Meanwhile, its over-the-top streaming service, AT&T TV Now, also lost 138,000 subscribers, following a number of price hikes.

The company’s newer pay TV service, AT&T TV, only just became available nationwide in March. But despite its “streaming” nature — it ships with an Android TV-powered box to deliver TV over the internet — consumers may have already caught on to the fact that it’s still just the worst of pay TV wrapped up in a new delivery mechanism.

The streaming service is expensive compared with today’s over-the-top and video-on-demand options. It’s also laden with fees for things like activation, early termination and additional set-top boxes. And its bundle with AT&T Internet offers each service for $39.99/month for the first 12 months, but ties subscribers into two-year contracts where prices climb in the second year.

AT&T’s Q1 TV subscriber numbers indicate how quickly the pay TV market is imploding. And perhaps it will decline even more rapidly now that people no longer want to risk coronavirus exposure by having service techs install equipment in their homes. While AT&T TV’s DIY installation may help in that area, it’s unclear if the new service will ever broadly appeal to consumers in the streaming era.

AT&T ended the quarter with 18.6 million pay TV subscribers, down from 19.5 million in Q4 when it lost 945,000 subscribers.

This all puts much more pressure on WarnerMedia to deliver with its May 27th launch of HBO Max. The new direct-to-consumer streaming service promises all of HBO, plus original content, and a library of movies, classic TV and film, fan favorites and more. But at only $14.99 per month, it won’t be able to replace the lost revenue from high-priced pay TV subscriptions — only offset it.

AT&T also today admitted how the coronavirus outbreak has forced it to rethink its theatrical model.

Just yesterday, WarnerMedia announced the new kids movie “Scoob!” would skip theaters and head straight into homes, where it will be offered at either a $19.99 rental or $24.99 digital purchase. It will later have its “exclusive streaming premiere” on HBO Max.

“We’re rethinking our theatrical model and looking for ways to accelerate efforts that are consistent with the rapid changes in consumer behavior from the pandemic,” said WarnerMedia CEO and AT&T COO John Stankey, as reported by The Wrap.

“When theaters are closed, it’s hard to generate revenue,” he said. “And I don’t expect that’s going to be a snapback. I think that’s going to be something we’re going to have to watch the formation of consumer confidence, not just about going to movies, just in general about being back out in public and understanding what’s occurring there,” Stankey noted.

Overall, AT&T missed on both revenue and earnings in Q1, largely citing impacts from the coronavirus outbreak, which reduced earnings by 5 cents per share ($433 million). Total revenue in the quarter was $42.8 billion, short of Wall Street estimates of $44.2 billion. Adjusted EPS was 84 cents per share, versus an expected 85 cents.

A $600 million decline in revenue was attributed to lost ad sales, specifically those that were expected from now-postponed live sports events like March Madness, as well as lower wireless equipment sales.

AT&T’s WarnerMedia division — which includes HBO and Turner broadcast networks in addition to Warner Bros. theatrical releases — was heavily impacted by the pandemic, as well, reporting $7.4 billion in revenue, down from $8.4 billion a year earlier.

“The COVID pandemic had a 5 cents per share impact on our first quarter. Without it, the quarter was about what we expected — strong wireless numbers that covered the HBO Max investment, and produced stable EBITDA and EBITDA margins,” said Randall Stephenson, AT&T chairman and CEO, in a statement. “We have a strong cash position, a strong balance sheet, and our core businesses are solid and continue to generate good free cash flow — even in today’s environment. In light of the pandemic’s economic impact, we’ve already adjusted our capital allocation plans and suspended all share retirements,” he added.

The company said it will continue investing in 5G and broadband, two of its only bright spots in the quarter, in addition to investments in HBO Max.

AT&T withdrew its financial guidance due to the “lack of visibility related to COVID-19 pandemic and recovery,” it said.


Source: Tech Crunch

Los Angeles Cleantech Incubator reboots its incubation program with 16-member cohort

The Los Angeles Cleantch Incubator is rebooting its incubator program and moving from rolling applications to a cohort model beginning with 16 new startups. 

Los Angeles’ not-for-profit incubator exchanges sweat equity in the form of services and office space, and the promise of $20,000 in funding for local pilot projects, for a 1.5% to 3% stake in a company.

“This is a renewed incubation program switching to the cohort model. The great part of a rolling program was that you could meet the startups where they were. The challenge with that was giving founders steady programming,” said chief executive Matt Peterson.

Nearly one-third of the founders involved in the incubator’s latest program are women, over half of the founders are people of color and more than 5% are veterans, making the new cohort the most diverse in the incubator’s history.

Peterson is also flagging what he believes is a first for an incubator where startups can earn back their equity if they show hard numbers that indicate privileging diversity and access in hiring and in the availability of technologies and services to low-income communities.

Some of the companies in the incubator’s current cohort may also provide a small degree of support — and jobs — to Los Angeles residents hit hard by the social distancing measures the city and state have enacted to deal with the COVID-19 outbreak.

Companies like SparkCharge, ePave, and CERO Bikes are all companies that could employ local residents and launch shovel-ready projects with potential funding from local stimulus plans.

“As LA’s most established incubator, we have a strong track record of empowering and supporting entrepreneurs truly representative of our energetic, diverse and innovative city,” says Matt Petersen, chief executive officer of the Los Angeles Cleantech Incubator. “It is critical to help startups deliver solutions for clean air and greenhouse gas mitigation. By continuing our investment in startup incubation, we will help stimulate the economy now, invest in industries that will bring future clean jobs to our communities and spur innovation to develop climate mitigation solutions.”

The new incubator program will last two years and is structured in a way that allows for startups to buy back equity from the incubator upon completion of certain milestones. 

Companies in the new class include:

  • Alumina Energy is a U.S.-based energy storage technology company designing and building energy storage systems for the utility, industrial and commercial scale power generation and process heat markets.

  • CERO Bikes is a family-owned and operated business that designs and produces compact electric cargo bikes.

  • ChargerHelp! is an on-demand charging station repair service.

  • ePave has developed a new composite material that can reduce the greenhouse gas effects of surfaces.

  • InPipe Energy has developed a technology that generates low-cost electricity from the flow of water through gravity-fed water pipelines. 

  • Jump Watts sells fixed and mobile charging stations for all types of electric vehicles.

  • Maxwell Vehicles offers power train conversions, maintenance and management for light industrial vehicles to make the switch to electric or hybrid electric vehicles.

  • NeoCharge makes smart splitters that allow for faster home electric vehicle charging without the need for panel upgrades or other home modifications.

  • Noria provides education and services for industrial companies to improve efficiency by enhancing their lubrication processes.

  • Prime Lightworks makes electric propulsion systems for small satellites.

  • SEED sells a farm-in-a-box for folks who want to grow their own produce.

  • SparkCharge is a manufacturer of modular electric vehicle charging units. The company partners with roadside assistance companies to service electric vehicle owners when they run out of range.

  • Substance Power and Mobility is founded by a team of former aerospace and automotive entrepreneurs and executives and is working on developing energy storage hardware.

  • Sustainable Building Council uses modified shipping containers with grid-independent water and power to make affordable housing.

  • TBM Designs makes self-shading window systems using thermo-bimetal to reduce energy costs by cutting the need for air conditioning.

  • Xeal has an electric car charging system that makes chargers money-making assets for apartments and offices.


Source: Tech Crunch

Houzz lays off 155 employees, cuts executive salaries

Houzz, an online platform for home renovation and design, has laid off 155 employees, roughly 10% of its staff, per an internal memo obtained by TechCrunch. Executive salaries also took a cut.

The company, last valued at $4 billion, confirmed the content of the memo in a statement to TechCrunch.

“Due to the impact of COVID-19 on small businesses in the home renovation and design space, and the resulting impact on our core business of pro subscriptions, we have made the incredibly difficult decision to part ways with 155 employees, which is approximately 10% of our team,” said a spokesperson.

In the internal memo, Houzz’s founders Adi Tatarko and Alon Cohen cite COVID-19’s impact on its core business: pro subscriptions. The subscriptions are for home remodeling and design professionals to find work. Due to COVID-19, many of those same professionals are facing project delays or cancellations as states promote social distancing and shelter in place.

Beyond serving as a marketplace for home renovators and customers, the company also sells furniture from third parties. Many consumers might not be thinking about renovating their bathroom or welcoming construction into their home as the pandemic shows up on doorsteps around the world.

While the layoffs are COVID-19 related, this isn’t the first sign of Houzz struggling as a business. Last month, Houzz fired 10 people and scrapped a plan to create furniture in-house. The move would have seen Houzz bring in-house some of the revenue it usually delegates to third-party manufacturers.

“At Houzz, we continually review our strategic investments, such as Private Label, to ensure that they are aligned to the current needs of our business and optimized for our continued growth,” the company said in a statement to TechCrunch back in March. “As a result of this process, we have made the difficult decision to discontinue our investment in Private Label at this time.”

The company also had some turbulence last year when it disclosed a data breach compromising 57 million records. A year prior, Houzz fired 10% of its staff to cut costs and restructure ahead of preparing for an IPO. And considering a number of factors, we’re guessing that plan to barrel toward the public markets may have changed.

Houzz will provide those laid off with severance packages based on tenure and will pay for benefits until the end of July. The company also said it will help those laid off find their next gig through resume writing, career coaching and network referrals.


Source: Tech Crunch

Epic Games launches Fortnite on the Google Play Store and they’re not happy about it

Epic Games is finally settling its feud — kind of — with Google and putting Fornite onto the Google Play Store, but the studio sounds pretty pissed about it.

When Fortnite launched on mobile in 2018, Epic Games very notably sidestepped the Google Play Store and pushed users to download the title directly from their website, an effort made to avoid the substantial revenue cuts that Google takes from in-app purchases of Play Store downloads. At the time, the move was understandable for Epic, which was sitting on the hottest free-to-play game of the year that was pulling in substantial revenues from in-app purchases.

After 18 months of harsh rhetoric regarding platform gatekeeping, Epic Games says that Fortnite is now available for download on the Google Play Store, though it will still be downloadable from fortnite.com moving forward.

“Google puts software downloadable outside of Google Play at a disadvantage, through technical and business measures such as scary, repetitive security pop-ups for downloaded and updated software, restrictive manufacturer and carrier agreements and dealings, Google public relations characterizing third party software sources as malware, and new efforts such as Google Play Protect to outright block software obtained outside the Google Play store,” an Epic Games spokesperson said in a statement. “Because of this, we’ve launched Fortnite for Android on the Google Play Store.”

Epic Games withholding Fortnite from the Play Store was a very clear threat to Google’s app profits, though Google argued that downloading Android software outside of the Play Store presented a clear security threat to users who could unknowingly download malware from less reputable sites.

Epic Games clearly isn’t happy with the roadblocks Google has put up to dissuade users from downloading software from the web as well as the blanket warnings Android delivers regardless of whether the publisher is considered a trusted one.

For now, it seems Google has maintained the upper hand, though Epic Games clearly isn’t satisfied with their dealings with Google.

“We hope that Google will revise its policies and business dealings in the near future, so that all developers are free to reach and engage in commerce with customers on Android and in the Play Store through open services, including payment services, that can compete on a level playing field,” Epic Game’s statement further read.

We’ve reached out to Google for comment.


Source: Tech Crunch

NASA may start using private suborbital flights to train astronauts

Astronauts may make a second home of space, but even they have a first time going up. NASA is hoping to better prepare its crews for the challenges of space by sending them on suborbital flights from the likes of Virgin Galactic and Blue Origin — suggesting a potentially huge new market for the nascent private spaceflight industry.

Speaking at the Next Generation Suborbital Researchers conference in March, NASA Administrator Jim Bridenstine explained that the agency was considering private carriers now mainly because previously the possibility simply didn’t exist.

“That’s a capability we as a nation have not had until recently,” he said, in remarks reported by Space.com.

Indeed, it is not entirely clear we have it even now. Virgin Galactic and Blue Origin have both demonstrated suborbital flights that have skimmed the very verge of space, but test flights and commercial flights to order are very different.

While Virgin is already selling tickets, there’s no date set for the first flight with passengers. That flight will likely be this year, but without a reliable schedule and record of successful missions it’s hard to say that the capability is anything but aspirational at present. That’s the nature of space travel — 99% of the way is still nowhere.

Still, it seems inevitable that Virgin, Blue or another provider will, some time in the next few years, offer suborbital flights with space for payloads and passengers. That’s something NASA seems hot to take them up on.

It’s rather strange, but equally inescapable, that astronauts have to do all their training here on Earth. They can do all the simulators, “vomit comet” flights and pool training they like — but in the end, the only way to experience space is to go there.

Astronauts Bob Behnken and Doug Hurley, who will fly in the first Commercial Crew demo mission to the ISS, operate a simulator of the Crew Dragon capsule.

Until quite recently that meant getting on top of a hundred-million-dollar rocket and going up to the ISS, or in earlier days to the Moon in an orbiter or lander.

There’s very little one can do to prepare for that, but among those few things is going to space more cheaply and temporarily. That’s what suborbital flights make possible.

The rocket-powered ascent out of the atmosphere and resulting minutes of weightlessness are a suitable venue for training, testing and other operations that might otherwise have had to take place in orbit. And that’s what NASA is hoping will take place — though no contracts have been signed just yet.

Although the first few suborbital flights from these providers were practically guaranteed to sell out, space tourism isn’t a proven industry and events like the present pandemic and inevitable economic downturn afterwards may in fact have a serious impact on such high-ticket items (or the ability to provide them). So the prospect of regular government contracts is almost certainly a huge relief to any company aiming to provide or support suborbital flights.

“This is a big shift for NASA, but it’s an important shift,” Bridenstine said. The shift is not simply relying more on private industry, which government programs have done lately, but using private flights as official training. He indicated that the flights would need to be extremely safe, though not quite to the same standards as flights to the ISS.

More training and testing, but on flights not actually run by NASA, would increase preparedness for new missions, speed up readiness and reduce complexity of existing programs that rely on NASA-flown missions for those capabilities. I’ve asked the agency for more information on this topic and will update the post if I hear back.


Source: Tech Crunch

GM exits car-sharing business and shuts down Maven

GM’s experiment with car sharing is over. The automaker Tuesday said its Maven car-sharing service, which launched in 2016, will shut down for good.

Maven had paused service due to the COVID-19 pandemic. The company sent an email to customers Tuesday that after examining the business, the car-sharing industry and COVID-19, it decided to shutter the service permanently. The Verge was the first to report the story.

The car-sharing service has struggled for months, long before COVID-19 upended the “shared” mobility sector. Last year, Maven scaled back and stopped service in nearly half of the 17 North American cities in which it operated. Maven continued to operate in Detroit, Los Angeles, Washington, D.C. and Toronto. However, two programs within Maven, its consumer car-sharing and peer-to-peer service, also stopped in Washington, D.C. Only a program directed at gig workers was still operational in that city.

GM confirmed to TechCrunch that it has started to wind down Maven. All assets and resources will be transferred to GM’s Global Innovation organization, as well as the larger enterprise, according to a GM spokesperson.

The company confirmed that all operations should be concluded by later this summer. Maven had already suspended its consumer car-sharing and a peer-to-peer service due to COVID-19. A separate program directed at gig economy workers has been “very limited and will continue to wind down,” a GM spokesperson said.

“We’ve gained extremely valuable insights from operating our own car-sharing business,” Pamela Fletcher, GM’s vice president of global innovation, said in an emailed statement. “Our learnings and developments from Maven will go on to benefit and accelerate the growth of other areas of GM business.”

Below is a screenshot of the email sent Tuesday morning to Maven customers.

maven shut down

Image Credits: Screenshot/Maven email

The company doesn’t have plans to re-enter the car-sharing business. The company told TechCrunch that it “will take the great insights we’ve gained from Maven and leverage its car-sharing technology to provide new GM fleet services, and explore other new service offerings.”

Maven was designed to bring and expand several of GM’s existing test programs under one brand. At the time of its launch, Maven was essentially three car-sharing services in one that included a city-based service that rented GM vehicles by the hour through an app and another for urban apartment dwellers in Chicago and New York.

Maven developed and launched a smartphone app, which was used by customers to search for and reserve a vehicle, unlock the door and remotely start, cool or heat the car. 

It was an important launch for GM and its Chairman and CEO Mary Barra, who used a study commissioned in the wake of the ignition switch engineering scandal to accelerate her plans to transform the culture and operations at the automaker. Dozens of executives participated in transformational leaders programs; Maven was one of the fruits that spun out of that.

A wave of other initiative and investments were announced in 2016 that showed GM’s shift in interest toward unconventional transportation businesses that were adjacent to its core business of producing, selling and financing cars, trucks and SUVs to consumers.

But Maven never quite settled on one business model. The car-sharing service continued to evolve, leaving and entering cities or tweaking where it offered certain programs. For instance, the company launched in 2017 Maven Reserve in Los Angeles and San Francisco to allow customers to rent its GM-branded vehicles for a month at a time. It also started Maven Gig in hopes of tapping into a growing demand from rideshare and delivery app drivers.

Maven then launched a service in summer 2018 in Chicago, Detroit and Ann Arbor that let owners rent out their personal GM-branded vehicles through its Maven car-sharing platform. The peer-to-peer car rental service was designed to operate in a similar fashion to how Turo and Getaround work.

The service’s demise seemed to begin after the company lost its CEO Julia Steyn in January 2019. It scaled back a few months later and was only operating in a handful of cities up until the COVID-19 pandemic put further pressure on the business.


Source: Tech Crunch

BoostVC closes $40M fund as revamped ‘sci-fi’ accelerator preps for digital demo day

BoostVC has been an accelerator known for the unconventional bets it has chased — and is still chasing — trends like blockchain and AR/VR that other investors have long sworn off. Its accelerator program has been as classical as it comes, offering perks like office space and living quarters for a relatively tight group of admitted founders.

With the pandemic crisis, BoostVC founder Adam Draper has had to make some adjustments to his latest batch, including a digital demo day taking place next week. Venture capital firms have proven reticent in the past to invest in founders they hadn’t met in person, but the quarantine has forced early-stage investors to step out of comfort zones. Draper hopes that a Zoom-based Demo Day focused on allowing the 13 companies to present and then break off into their own smaller Q&A subgroups will allow investors to feel more comfortable backing the startups remotely.

BoostVC’s digital demo day takes place on April 28.

A smaller group of 13 startups will certainly make logistics easier for Boost; Y Combinator’s latest batch tapped out at 240 companies. The current class is BoostVC’s smallest in recent memory, the result of a format change last year that boosted individual investments to $500K per startup (for a 15% equity chunk) and shrunk the total pool. The change was an attempt by Draper and his team to differentiate the accelerator’s offering and attract founders solving more capital-intensive problems.

The pandemic threw them a curveball, but Draper hopes their tighter group can sell investors next week.

“I can’t say it’s all gone according to plan, we’re a very physical accelerator and we’ve had to completely adapt,” Draper says. “But we’ve gotten the value of getting to see how Y Combinator and 500 Startups did their demo days.”

The latest group includes plenty of bets in Boost’s familiar zones — blockchain, AR/VR, hardware and logistics. Boost has invested more than $50 million in startups since its founding in 2013.

An ebullient Draper tells TechCrunch that BoostVC has just closed a $40 million fund — its fourth and largest to date — to bankroll future batches of startups going through its accelerator. The new fund is backed by Devonshire Investors and ECMC. The firm’s last fund, which clocked in at around $38 million, closed in 2018.

Draper is hopeful that Boost’s next “tribe” can shift back to its in-person format when in kicks off in late August. If not, he hopes his team can apply what they’ve learned to help incubate a new class of startups and ready them for an uncertain market.


Source: Tech Crunch

Can employers mandate COVID-19 testing?

COVID-19 commanded an understandably outsized presence in Jeff Bezos’s annual shareholder letter last week. The Amazon exec laid out the company’s plans for addressing the pandemic on a number of different levels, including building a testing lab for employees, along “with regular testing of all Amazonians, including those showing no symptoms.”

It has become a given that Amazon would test employees exhibiting fever and other COVID-19 symptoms. The company is, after all, one of the primary retail backbones for the U.S. and a number of other countries. And while the World Health Organization has stated that it doesn’t believe the virus can be transmitted via parcels, the virus has the potential to spread extremely quickly within a warehouse.

The notion of testing employees who don’t exhibit symptoms has been a less pressing question, however, due in no small part to the limited availability of testing kits. But as the WHO, CDC and other organizations have made abundantly clear, it’s entirely possible to carry the virus while remaining asymptomatic — a fact that’s made the novel coronavirus all the more scary.

Once testing becomes more readily available, it will be important to determine whether employers can, in fact, mandate testing, regardless of whether employees exhibit symptoms. There are important matters of both public safety and personal sovereignty to take into account.

The U.S. Equal Employment Opportunity Commission has been actively updating guidance for employers under the Americans with Disabilities Act:

The EEO laws, including the ADA and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. Employers should remember that guidance from public health authorities is likely to change as the COVID-19 pandemic evolves. Therefore, employers should continue to follow the most current information on maintaining workplace safety.

Among the updated issues to deal with the pandemic is screening, which includes a temperature check. “During a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus,” the EEOC continues. “For COVID-19, these include symptoms such as fever, chills, cough, shortness of breath, or sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA.”

We put the question to Tricia Bozyk Sherno, counsel at Debevoise & Plimpton, who focuses on employment and general commercial litigation.

“For current employees, a medical inquiry or exam is permitted for current employees only if the employer has a reasonable belief that a particular employee will provide a ‘direct threat’ due to a medical condition,” Sherno explains. “For new employees, the ADA permits employers to conduct medical examinations after a conditional offer of employment is made, but before an individual begins working, provided that all employees in the same job category must be subject to the same examination requirement. The primary ‘medical examination’ considered by the existing EEOC guidance is temperature measurements. Available guidance does not yet address COVID-19 testing.”

The current rules around testing aren’t entirely clear under current guidelines, but expect that to continue to evolve as testing becomes more widely available and state governments begin to loosen stay-at-home restrictions. We can likely expect that the guidance will no longer apply once the pandemic is no longer deemed a threat. What remains consistent under ADA guidelines, however, is the illegality of firing an individual over a condition like COVID-19.

“The ADA prohibits discrimination against individuals with a disability and requires employers to provide reasonable accommodations for such individuals,” says Sherno. “Local and state laws may also provide additional protections for impacted employees.”


Source: Tech Crunch