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?
Yes, employers may make inquiries that are not disability-related. An inquiry is not disability-related if it is designed to identify potential non-medical reasons for absence during a flu pandemic (e.g., curtailed public transportation) on an equal footing with medical reasons (e.g., chronic illnesses that increase the risk of complications). The inquiry should be structured so that the employee gives one answer of “yes” or “no” to the whole question without specifying the factor(s) that apply to him. The answer need not be given anonymously.
Below is a sample ADA-compliant survey that can be given to employees to anticipate absenteeism.
ADA-COMPLIANT PRE-PANDEMIC EMPLOYEE SURVEY
Directions: Answer “yes” to the whole question without specifying the factor that applies to you. Simply check “yes” or “no” at the bottom of the page.
In the event of a pandemic, would you be unable to come to work because of any one of the following reasons:
- If schools or day-care centers were closed, you would need to care for a child;
- If other services were unavailable, you would need to care for other dependents;
- If public transport were sporadic or unavailable, you would be unable to travel to work; and/or;
- If you or a member of your household fall into one of the categories identified by the CDC as being at high risk for serious complications from the pandemic influenza virus, you would be advised by public health authorities not to come to work (e.g., pregnant women; persons with compromised immune systems due to cancer, HIV, history of organ transplant or other medical conditions; persons less than 65 years of age with underlying chronic conditions; or persons over 65).
Answer: YES______ , NO_______
Last Reviewed: 10/06/2009
Related Questions:
- In light of the ADA requirements, how may employers ask employees about factors, including chronic medical conditions, that may cause them to miss work in the event of a pandemic?
- During an influenza pandemic, do employers have to provide new accommodations for a person with a disability (e.g., special work hours) due to lack of public transportation or other similar circumstances? What are the organization’s obligations if it can no longer provide an accommodation (e.g., the sign language interpreter is home sick and no others are available)?
- May employers ask employees if they may have a higher risk of infection, for example, a compromised immune system?
- May an ADA-covered employer send employees home if they display influenza-like symptoms during a pandemic?
