Covid-19 and the ADA
I have been receiving many questions from employers about what they can legally do to protect their employees during Covid-19. As I remind them that I am not a lawyer, I am able to provide information from from reliable sources to address their concerns. If you have similar questions such as:
"Can I ask employees if they have any Covid-19 symptoms?"
"Can I take employees temperatures?"
"Do I need to keep Covid-19 related medical information in a separate employee medical file, per HIPAA?"
"Do I have to let an employee work if they have symptoms of Covid-19?"
"Can I require a doctor's note certifying fitness for duty before an employee returns to work?"
All of these questions are answered by the EEOC at the link below:
The site covers:
A. Disability-Related Inquiries and Medical Exams
B. Confidentiality of Medical Information
C. Hiring and Onboarding
D. Reasonable Accommodation
E. Pandemic-Related Harassment Due to National Origin, Race, or Other Protected Characteristics
F. Furloughs and Layoffs
G. Return to Work
H. Age
I. Caregivers/Family Responsibilities
J. Pregnancy
An example of one of the Q&A's is:
C.4. May an employer withdraw a job offer when it needs the applicant to start immediately but the individual has COVID-19 or symptoms of it? (3/18/20)
Based on current CDC guidance, this individual cannot safely enter the workplace, and therefore the employer may withdraw the job offer.
*What are your thoughts on this answer?
