The Equal Employment Opportunity Commission (EEOC) has issued some helpful guidance on how to address workplace issues regarding a pandemic without violating the Americans with Disabilities Act (ADA).

The first issue it addresses is worth listing here (from the guidance):

“1. In light of the ADA’s requirements, how may employers ask employees about factors, including chronic medical conditions, that may cause them to miss work in the event of a pandemic?

An employer may survey its workforce to gather personal information needed for pandemic preparation if the employer asks broad questions that are not limited to disability-related inquiries.  An inquiry would not be disability-related if it identified non-medical reasons for absence during a pandemic (e.g., mandatory school closures or curtailed public transportation) on an equal footing with medical reasons (e.g., chronic illnesses that weaken immunity).”

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The guidance then goes on to provide an example of an ADA-compliant survey.

There are several other key issues that the guidance addresses including whether an employer can require its employees to adopt infection control practices.