MARCH 22, 2020 UPDATE: The EEOC has updated its 2009 guidance document with specific information and references to CVOID-19.
PANDEMIC PREPAREDNESS IN THE WORKPLACE AND THE AMERICANS WITH DISABILITIES ACT
UPDATED IN RESPONSE TO COVID-19 PANDEMIC – March 21, 2020
The U.S. Equal Employment Opportunity Commission (EEOC) has a very helpful guidance document available on their website titled “PANDEMIC PREPAREDNESS IN THE WORKPLACE AND THE AMERICANS WITH DISABILITIES ACT.” This guidance “identifies established ADA principles that are relevant to questions frequently asked about workplace pandemic planning such as:
- How much information may an employer request from an employee who calls in sick, in order to protect the rest of its workforce when an influenza pandemic appears imminent?
- When may an ADA-covered employer take the body temperature of employees during a pandemic?
- Does the ADA allow employers to require employees to stay home if they have symptoms of the pandemic influenza virus?
- When employees return to work, does the ADA allow employers to require doctors’ notes certifying their fitness for duty?”
While very helpful, employers are reminded that every situation is unique. Employers should consult counsel in connection with the guidance issued in this material provided by the EEOC.