Employee Rights under the ADA during the COVID-19 Pandemic - what you need to know
The Equal Employment Opportunity Commission has issued new guidance on the interplay between the current Coronavirus crisis and the Americans with Disabilities Act (“ADA”). That guidance can be read in full here https://www.eeoc.gov/facts/pandemic_flu.html
ADA and COVID-19The ADA protects employees from disability discrimination and limits what questions an employer can ask you, and what medical examinations your employer can require. The new guidelines explain certain changes related to the current crisis, including what questions and “medical examinations” an employer can ask of an employee during the current pandemic. These changes came about because the EEOC has determined that the COVID-19 pandemic meets the “direct threat” standard under the ADA based on guidance of the CDC and public health authorities as of March 2020. The ADA allows employers to ask questions and require some medical examinations when an employee’s condition may pose a “direct threat” to the employee’s or others’ health and safety. Under these new guidelines, employers can ask employees whether they display influenza-like symptoms (fever, cough, chills, etc.); ask employees who become ill with influenza-like symptoms to go home; and take employees’ body temperatures.
For more InformationFor more information about the new, temporary guideline, read our blog posted on our website. https://www.jdsnyder.com/blog/2020/04/employee-rights-under-the-ada-during-the-covid-19-pandemic---what-you-need-to-know.shtml