Complying with ADA During COVID-19

Angie Szumlinski News

The Equal Employment Opportunity Commission issued a press release on March 19, 2020 “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19.”  The summary covers some common employer questions about what they can do during a pandemic such as COVID-19 without violating the Americans with Disabilities Act (ADA) or the Rehabilitation Act. During a pandemic, employees may: ask employees if they are experiencing symptoms of COVID-19 and maintain them in a confidential medical record;  measure employees’ body temperature;  require employees who become ill with symptoms of COVID-19 leave the workplace; request a note from a health care provider stating that the employee does not have the virus and may return to work; screen job applicants for symptoms of COVID-19 after making a conditional job offer, as long as it does so for all entering employees in the same type of job; and delay or withdraw a job offer if the individual tests positive for COVID-19 or has symptoms of it.