COVID-19 & the Americans with Disabilities Act: What is the connection?

COVID-19 cases are on the rise across California. Just this week, many counties in Northern California were moved back into a more restrictive status tier per the Blueprint for a Safer Economy. This increase in cases has required employers to navigate the process of a potential exposure of a communicable disease in their workplace. What may not be on top of mind during this time is an employer’s obligation under the Americans with Disabilities Act (ADA).

Once an employer has been informed of a positive test result, maintaining the confidentiality of the employee should be a priority. The ADA protects employee’s health information that is given to their employer when determining if the employee poses a direct threat to the workplace (e.g. a positive test result). While an employer may be motivated to disclose the name of the person to protect others, employers must still respect the privacy of the employee.

To meet notification requirements, it is recommended that employers use a disclosure notice. This notice can be sent to all those that were potentially in close contact with the employee while still maintaining confidentiality. The employee who has tested positive can provide you with a list of those they have been in close contact with during their infectious period.

This notice should include specific information regarding where the employee visited during their infectious period. Details may include: 

• An employee on the fourth floor

• An employee working on the canning line

• An employee working in the office on Monday, Wednesday, Friday

  
  

While the descriptors will be generic, it may be easy in a small company for employees to deduce who the employee is. As long as the information was not released by the employer, there should be no breach of confidentiality. 

Navigating employee privacy during a global pandemic is new for just about everyone. Speak with your HR professional or an employment attorney for more information on complying with the ADA during COVID-19.