Does the ADA prevent employers from adopting infection control practices during a flu pandemic?

Generally, no. Of course, employers must not single out employees for different treatment on a basis prohibited by any of the Equal Employment Opportunity laws (for example, employees of Mexican national origin), and must continue to accommodate individuals with disabilities absent undue hardship.

Personal hygiene. Requiring infection control practices, such as regular hand washing, coughing and sneezing etiquette, and tissue usage and disposal, does not implicate the ADA.

Protective equipment. An employer may require employees to wear personal protective equipment. However, where an employee with a disability needs a related reasonable accommodation under the ADA (e.g., non-latex gloves, or gowns designed for individuals who use wheelchairs), the employer should provide these absent undue hardship.

Telework. An employer may encourage or require employees to telework as an infection-control strategy, based on timely information from public health authorities about pandemic conditions. Telework also may be a reasonable accommodation.

More information. For more information, including links to resource materials, see the Job Accommodation Network’s fact sheet, Considering the Needs of Employees with Disabilities During a Pandemic Flu Outbreak, at: http://www.jan.wvu.edu/media/employmentpandemicflufact.doc .