As we are faced with the unique circumstances of current life in America, numerous legal questions arise for employees with respect to their rights under Title VII and the Americans with Disabilities Act (“ADA).  In March, the Equal Employment Opportunity Commission (“EEOC”) addressed many questions that employees still working are currently faced with.

1. What employers are subject to the Americans with Disabilities Act?

Employers with 15 or more employees.

2. Can my employer force me to go home if I have flu-like symptoms?

Yes, under the current guidelines of the Center for Disease Control (“CDC”) an employer is not violating your rights if you are displaying flu-like symptoms by forcing you to go home. This means you just have to display symptoms associated with Covid-19, it doesn't mean that you have to be formally diagnosed with it.

3. Can my employer take my temperature at work?

Yes, employers can take your temperature at work.  If you do display a fever after having your temperature taken your employer must keep this information confidential. 

4. Dose my employers have to continue providing me with my accommodations provided under the ADA?

Yes, if you are an employee who is already receiving a reasonable accommodation for a disability that your employer is aware of, they are still required to continue to provide those same accommodations.

5. Can I ask my employer to work from home if I have health concerns due to an underlying medical condition?

Yes, you can personally can ask your employer if you can work at home as a reasonable accommodation during the pandemic under the ADA. 

6. If I call in sick can my employer ask about my symptoms?

Yes, if you do report feeling sick at work, or call in sick, your employer does have a right under the current circumstances to ask you questions about what you are feeling and what symptoms you have.  This means that you can be asked if you are displaying symptoms such as fever, chills, sore throat or any other symptom associated with Covid-19.  This information must be kept confidential by your employer,

7. Can my employer ask me about any of my underlying medical conditions?

No, your employer cannot ask you about other underlying health conditions you may have that could make you susceptible to Covid-19.  This type of inquiry would be prohibited by the ADA as a “disability related inquiry.”

Kreamer Law Group is here to help

Under these unprecedented circumstances, it is common sense that employers should be allowed to put into practice reasonable measures to do their part in the prevention of the spread of this virus.  Amid the chaos you still have rights.  It is never acceptable for an employer to discriminate against you on the basis of your disability, or any of the other protected categories such as race, religion, national origin, gender and age.  The Kreamer Law Group is devoted to assisting you in resolving any employment related matter you might be faced with or if you believe you may be a victim of discrimination in the workplace.  If you have any questions about the information above or have any other employment related issues please call 630-995-3668 for a free complimentary with John Kreamer or Joe Urani.

This information is of a general, educational nature and should not be construed as legal advice pertaining to your specific circumstance, case or situation. Such advice must be sought from your own attorney pursuant to an attorney-client relationship, after consideration of your specific facts or questions.