Employees with Disabilities - FAQs:
- Are there ADA-compliant ways for employers to identify which employees are more likely to be unavailable for work in the event of a flu outbreak?
- May an employer rescind a job offer made to an applicant based on the results of a post-offer medical examination, if it reveals that the applicant has a medical condition that puts him/her at increased risk of complications from the flu?
- May an ADA-covered employer send employees home if they display influenza-like symptoms during a pandemic?
- During a flu pandemic, may an ADA-covered employer take its employees’ temperatures to determine whether they have a fever?
- When an employee with disabilities returns from travel during a pandemic, must an employer wait until the employee develops influenza symptoms to ask questions about exposure to pandemic influenza during the trip?
- May an employer covered by the ADA and Title VII of the Civil Rights Act of 1964 compel all of its employees to take the influenza vaccine regardless of their medical conditions or their religious beliefs during a pandemic?
- During a flu outbreak, must an employer continue to provide reasonable accommodations for employees with known disabilities that are unrelated to the pandemic, barring undue hardship?
- During a pandemic, may an employer ask an employee why he or she has been absent from work if the employer suspects it is for a medical reason?
- Are there equal opportunity resources available that explains policies about working with disabled people and accommodation?
- During a flu outbreak, may an ADA-covered employer ask employees who do not have flu symptoms to disclose whether they have a medical condition that the CDC says could make them especially vulnerable to flu complications?
- May an employer require entering employees to have a medical test post-offer to determine their exposure to the influenza virus?
- During a pandemic, may an employer require its employees to adopt infection control practices?
- May an employer encourage or require employees to telework (i.e., work from an alternative location such as home) as an infection control strategy?
