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Swine Flu and the ADA

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Swine Flu Disability Inquiries and Medical Examinations
The Americans with Disabilities Act (ADA) prevents employees and prospective employee applicants from disability discrimination. To avoid disability discrimination, the ADA regulates what disability-related information may be provided. The ADA also regulates when an employer may require a medical examination.

This affects swine flu virus and other health or medical inquiries by an employer.

Before employment, the ADA prohibits all disability-related inquiries and medical examinations. This is so even if the inquiries are related to the job.

An employer may make disability-related inquiries and conduct medical examinations after an applicant is given a conditional job offer, but before they actually begin working. In this situation, the inquiry or test must be done equally for new employees in the same job category.

Once employment begins an employer may make job-related disability inquiries and require medical examinations consistent with business necessity.

Common Swine Flu and ADA Questions

 Can an Employer Require a Swine Flu Test?

Yes, according to the prior rules for new and current employees. A swine flu test could not be required of job applicants.

Can an Employer Require that Employees Follow Infection Prevention Practices?

Yes. Practices, such as using tissues, washing hands regularly, sneezing etiquette, does not involve the ADA.

Can an Employer Require that Employees Wear Protective Clothing?

Yes. An employer may require that it's employees wear gloves, face masks, and other personal protective equipment to prevent the spread of the swine flu.

Can an Employer Require that Employees Telecommute from Home?

Yes. Working from home or another location may be needed to control infection, and it may also be a reasonable accommodation allowing those infected to keep working.
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