The Coronavirus outbreak has many employers taking on strict guidelines to help reduce the spread of the virus. Although federal employers can take necessary measures to ensure their employees are safe, employers should follow specific guidelines for ADA employees. Our federal employee disability lawyers explain what medical information employers can and can’t request during the COVID-19 pandemic.
Medical Information & Medical Examination Requests
The Americans with Disabilities Act (ADA) has strict regulations for what federal employers can ask employees with disabilities. The ADA doesn’t allow employers to ask disability-related questions to employees because it can be considered discriminatory. For example, a federal employer can’t request medical information that relates to your disability or overall health conditions. They also can’t require medical examinations that are invasive or that will provide them with information about your mental or physical impairment.
However, employers are allowed to ask you for medical information directly related to COVID-19. For example, they can ask you to report if you have experienced Coronavirus-like symptoms or if you’ve been feeling ill from a cold or the flu. These medical requests are considered reasonable because the CDC has stated that the exposure of COVID-19 poses as a direct threat to others. If you have displayed symptoms of COVID-19, your employer may request you to provide a medical professional’s note that states you are suited to return to work.
Nationwide Federal Employee Disability Attorneys
If you believe your federal employer has requested medical information that directly relates to your disability, you may be entitled to file a claim. The federal employee disability lawyers at Pines Federal have over 50 years of combined experience protecting the rights of ADA federal employees across the nation. Our team has garnered a reputation for being trusted advocates. If you are looking for skilled and knowledgeable representation, contact our federal employee attorneys today.
Due to the current health crisis, we are happy to help clients virtually via video chat, phone, or email. Get in touch with our team today at (800) 801-0598 to fill out a contact form here.
Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.
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