Peter J. Richter
Diana M. Eisenberg
March 6, 2020
As concerns about the novel coronavirus (COVID-19) grow, employers may have questions about what they can and cannot do with respect to their workforce. Thankfully, the U.S. Equal Employment Opportunity Commission (EEOC) has published a report that offers some guidance. While the report was issued back in October 2009 as the country was dealing with the influenza A (H1N1) virus, it’s especially relevant now as the number of cases of coronavirus increase in the US.
The EEOC’s report, Pandemic Preparedness in the Workplace and The Americans with Disabilities Act, includes instruction on the amount of information an employer may request from an employee who calls in sick, whether employers can require employees to stay home if they have symptoms of a pandemic influenza virus, and the circumstances under which employers can require that an employee returning to work obtain a doctor’s note. According to the EEOC, when the World Health Organization and Center for Disease Controls have identified an influenza pandemic, an employer may send an employee displaying influenza-like symptoms home without violating the Americans with Disabilities Act (ADA). However, under the ADA, employers are prohibited from asking asymptomatic employees if they have any medical conditions that might make them susceptible to influenza complications. Additional information can be found at www.eeoc.gov/facts/pandemic_flu.html and we encourage all employers to not only review the report, but to plan for the possibility that the novel coronavirus could impact their workforce.
If you have any questions about how the information in this article may affect you or your business, please contact Peter Richter at prichter@stroudlaw.com, Diana Eisenberg at deisenberg@stroudlaw.com or (608) 257‑2281 or your Stroud attorney.
DISCLAIMER: The information in this article is provided for general informational purposes only, is not necessarily updated to account for changes in the law, and should not be considered tax or legal advice. This article is not intended to create, nor does the receipt of it constitute, an attorney-client relationship. You should consult with your own legal and/or financial advisors for legal and tax advice tailored to your specific circumstances.
Thank you for contacting Stroud, Willink & Howard, LLC, via our website. We have included this notice to inform you that any communication with us through this website does not constitute or create an attorney-client relationship with us. Please note that we cannot act as your attorney or provide you with any legal advice until we know that doing so will not create a conflict of interest. Until we have agreed to represent you, anything you send us will not be confidential or privileged, and you should not send sensitive or confidential information through this website.
By clicking "Submit" below, you agree that our review of any information you send to us will not create a lawyer-client relationship with us, and you recognize that our review of your information, even if it is highly sensitive and even if it is transmitted in a good faith effort to retain us, does not preclude us from representing another party directly adverse to you, even in a matter where that information could and will be used against you. If you would like to discuss the possibility of potential legal representation, you may request a consultation by e-mail or by calling our office.
