Portable Sanitation Association International

ASSOCIATIONINSIGHT Portable Sanitation Association International News BIWEEKLY EDITION JUNE 24, 2020 Page 7 Continued on page 8 What You Should Know about COVID-19, the ADA, and Other EEO Laws The following information is taken from resources provided by the Equal Employment Opportunity Commission (EEOC). All EEOC materials related to COVID-19 are collected at www.eeoc.gov/ coronavirus. The EEOC enforces workplace anti-discrimination laws, many of which have required clarification as they apply to COVID-19. The EEO laws, including the Americans with Disabilities Act (ADA) and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19. 1 Here are highlights of the protections afforded to workers that may be of particular interest to companies in the portable sanitation industry. COVID-19-Related Inquiries and Medical Exams 1. How much information may an employer request from an employee who calls in sick, in order to protect the rest of its workforce during the COVID-19 pandemic? During a pandemic, employers may ask such employees if they are experiencing symptoms of the pandemic virus. Employers must maintain all information about employee illness as a confidential medical record. 2. When screening employees entering the workplace during this time, can we only ask employees about the COVID-19 symptoms EEOC has identified as examples, or may it ask about any symptoms identified by public health authorities as associated with COVID-19? Employers should rely on the CDC, other public health authorities, and reputable medical sources for guidance on symptoms associated with the disease. These sources may guide employers when choosing questions to ask employees to determine whether they would pose a direct threat to health in the workplace. For example, additional symptoms beyond fever or cough may include new loss of smell or taste as well as gastrointestinal problems, such as nausea, diarrhea, and vomiting. 3. When may an employer take the temperature of employees during the COVID-19 pandemic? Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may currently measure employees' body temperature. However, employers should be aware that some people with COVID-19 do not have a fever. 1 The EEOC has guidance (Pandemic Preparedness in the Workplace and the Americans With Disabilities Act), to help employers implement strategies to address COVID-19 in the workplace. Written during the prior H1N1 outbreak, this publication is still relevant and identifies established ADA and Rehabilitation Act principles to answer frequently asked questions. The March 21, 2020 update offers examples and information about COVID-19.

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