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?
No, if pandemic influenza is like seasonal influenza or the 2009 H1N1 virus, making disability-related inquiries or requiring medical examinations of employees without symptoms is prohibited by the ADA. However, under these conditions, employers should allow employees who experience flu-like symptoms to stay at home, which will benefit all employees including those who may be at increased risk of developing complications.
If an employee voluntarily discloses (without a disability-related inquiry) that he has a specific medical condition or disability that puts him or her at increased risk of influenza complications, the employer must keep this information confidential. The employer may ask him to describe the type of assistance he thinks will be needed (e.g. telework or leave for a medical appointment). Employers should not assume that all disabilities increase the risk of influenza complications. Many disabilities do not increase this risk (e.g. vision or mobility disabilities).
If an influenza pandemic becomes more severe or serious according to the assessment of local, state or federal public health officials, ADA-covered employers may have sufficient objective information from public health advisories to reasonably conclude that employees will face a direct threat if they contract pandemic influenza. Only in this circumstance may ADA-covered employers make disability-related inquiries or require medical examinations of asymptomatic employees to identify those at higher risk of influenza complications.
For more information, see: Pandemic Preparedness in the Workplace
Last Reviewed: 10/06/2009
Related Questions:
- May an ADA-covered employer send employees home if they display influenza-like symptoms during a pandemic?
- 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?
- During a flu pandemic, may an ADA-covered employer take its employees’ temperatures to determine whether they have a fever?
- 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?
