As concern about the swine flu continues to grow, employers are encouraged to develop a procedure for handling any outbreak which affects their employees or business (see my blog entry of April 29, 2009). Any plan for dealing with the swine flu at work could raise issues under the Americans with Disabilities Act (the “ADA”), because the plan may involve:
— medical examinations of, and acquisition of disability-related information from, employees; and
— use of special gear, clothing or equipment, or mandatory/suggested absence from work, by employees who have a disability and need a reasonable accommodation to perform their jobs.
Cognizant of these issues, the U.S. Equal Employment Opportunity Commission (the “EEOC”) has issued some guidance on ADA-compliant employer preparation for dealing with the swine flu. The guidance is here.