Pub. 5 Issue 4

18 Issue 2 2020  EEOC CLARIFIES — continued on page 19 regarding whether, when, and for whom testing or additional screening is appropriate. A .10. May an employer ask an employee who is physically coming into the workplace whether they have family members who have COVID-19 or symptoms associated with COVID-19? No. The Genetic Information Nondiscrimination Act (GINA) prohibits employers from asking employees medical questions about family members. GINA, however, does not prohibit an employer from asking employees whether they have had con- tact with anyone diagnosed with COVID-19 or who may have symptoms associated with the disease. Moreover, from a public health perspective, only asking an employee about their contact with family members would unnecessarily limit the information obtained about an employee’s potential exposure to COVID-19. A .11. What may an employer do under the ADA if an employee refuses to permit the employer to take his temperature or refuses to answer questions about whether he has COVID-19, has symptoms associated with COVID-19, or has been tested for COVID-19? Under the circumstances existing currently, the ADA allows an employer to bar an employee from physical presence in the work- place if he refuses to have his temperature taken or refuses to an- swer questions about whether he has COVID-19, has symptoms associated with COVID-19, or has been tested for COVID-19. To gain the cooperation of employees, however, employers may wish to ask the reasons for the employee’s refusal. The employer may be able to provide information or reassurance that they are taking these steps to ensure the safety of everyone in the work- place and that these steps are consistent with health screening recommendations from the CDC. Sometimes, employees are reluctant to provide medical information because they fear an employer may widely spread such personal medical informa- tion throughout the workplace. The ADA prohibits such broad disclosures. Alternatively, if an employee requests reasonable accommodation with respect to screening, the usual accom- modation process should be followed. A .12. During the COVID-19 pandemic, may an employer request information from employees who work on-site, whether regularly or occasion- ally, who report feeling ill or call in sick? Due to the COVID-19 pandemic, at this time, employers may ask employees who work on-site, whether regularly or occasion- ally, and report feeling ill or call in sick, questions about their symptoms as part of workplace screening for COVID-19. A .13. May an employer ask an employee why he or she has been absent from work? Yes. Asking why an individual did not report to work is not a disability-related inquiry. An employer is always entitled to know why an employee has not reported for work. The employer may be able to provide information or reassurance that they are taking these steps to ensure the safety of everyone in the workplace and that these steps are consistent with heal th screening recommendations from the CDC. Sometimes, employees are reluctant to provide medical information because they fear an employer may widely spread such personal medical information throughout the workplace.