EEOC Issues Pandemic Guidance
The EEOC has issued brand-new pandemic guidance. Click here for Employment Discrimination and the 2009 H1N1 Flu Virus and here for ADA-Compliant Employer Preparedness For the H1N1 Flu Virus.
Here are the highlights:
Employment Discrimination
The first document reminds employers that Title VII “prohibits employment discrimination on the basis of national origin, for example, discrimination against Mexicans.”
It also reminds employers of ADA medical exam/inquiry requirements. For specific guidance related to employees, click here. For guidance related to applicants, click here.
ADA-Compliant Preparedness
The second document gives additional guidance on preparing for a pandemic without violating the ADA.
It includes a survey to help employers ask employees “about factors, including chronic medical conditions, that may cause them to miss work in the event of a pandemic.” It also includes various FAQs:
Question: May employers require entering employees to have post-offer medical tests to determine flu virus exposure?
Answer: Yes, in limited post-offer, pre-start circumstances if all entering employees in the same job category are required to take such an exam.
Question: During a pandemic, may employers require employees to adopt infection control practices?
Answer: Yes, including hand washing, coughing/sneezing etiquette and tissue usage/disposal.
Question: May employers require employees to wear personal protective equipment (e.g., face masks, gloves and gowns) to reduce virus transmission?
Answer: Yes, so long as employees with disabilities are reasonably accommodated (e.g., providing non-latex gloves).
Question: May employers require employees to telework as an infection control strategy?
Answer: Yes, so long as it’s done in a consistent and non-discriminatory fashion.
May 7th, 2009 at 2:29 pm
Great answer. Thanks!
May 7th, 2009 at 3:02 pm
Least I can do — thanks!