- Frequently Asked Questions -

- DISABILITY LAW -

Question

Can employers require employees to stay home if they have COVID-19 symptoms?

Answer

Yes, the CDC has stated that any employee exhibiting COVID-19 symptoms should leave the workplace.

Question

Can an employer test an employee for COVID-19 before allowing him or her to enter the workplace?

Answer

Yes, but employers should ensure the test is accurate and reliable. An employer may administer an antibody test.

Question

Can an employer retain a log of daily temperature checks of employees?

Answer

Yes, but employers must keep this information confidential.

Question

Can an employer screen new hires for COVID-19?

Answer

Yes, but the screening must be uniform across all applicants for that job position. Employers can delay the start date of an applicant if he or she is displaying symptoms of COVID-19 or has COVID-19.

Question

What is a “reasonable accommodation?”

Answer

A reasonable accommodation an adjustment to a job or work environment that allows an applicant or employee with a disability to apply or work in an equal manner to those applicants or employees without disabilities.

Question

When is a “reasonable accommodation” required?

Answer

Reasonable accommodations are only required by employers if they “know” of a disability. Since there could be various extents of different disabilities, the accommodation nature and timeline will depend on the disability. Employers must find an alternative accommodation if the suggested accommodation would result in an “undue hardship.” Reallocation of essential functions of a job by an employer is not considered a reasonable accommodation.

Question

Can an employer reprimand an alcoholic for using alcohol at work?

Answer

Yes, an employer can forbid the use of alcohol at work and even discipline, discharge, or deny employment to an alcoholic whose use of alcohol adversely affects his or her conduct or job performance.

Question

What is a “service animal” under the Americans with Disabilities Act?

Answer

A service animal under the Americans with Disabilities Act is a fully trained dog of any breed that performs tasks for someone with a disability regardless of any certification or lack thereof.

Question

Do city laws requiring vaccination, registration, and licensing of dogs apply to “service animals?”

Answer

Yes, service animals are subject to these local requirements. However, service animals are not allowed to be singled out for these items and they must apply to all dogs equally.