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Published byPhillip Norton Modified over 5 years ago
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What Can You Ask DISABILITY-RELATED INQUIRIES OF EMPLOYEES UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) Source:
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Call to Compassion The goal of this discussion is to encourage:
Empathy Caring and Concern Being a “Good Samaritan” if the situation presents itself Call to Compassion
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Clark Land Respects Confidentiality
The ADA requires employers to treat any medical information obtained from a disability-related inquiry or medical examination (including medical information from voluntary health or wellness programs), as well as any medical information voluntarily disclosed by an employee, as a confidential medical record. Employers may share such information only in limited circumstances with supervisors, managers, first aid and safety personnel, and government officials investigating compliance with the law.
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Asking generally about an employee's well- being (e.g., How are you?),
Asking an employee who looks tired or ill or injured if s/he is feeling okay, Asking an employee who is sneezing or coughing whether s/he has a cold, the flu or allergies, Asking how an employee is doing following the death of a loved one or following the end of a marriage/relationship, Asking an employee about non-disability-related impairments (e.g., How did you break your leg?) It is okay to be compassionate. Questions that are not likely to elicit information about a disability are not disability-related inquiries and, therefore, are not prohibited under the ADA by supervisors or colleagues.
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Asking an employee whether s/he can perform job functions,
Asking an employee whether s/he has been drinking (intoxicants), Asking an employee about his/her current illegal use of drugs if they appear to be impaired, Asking a pregnant employee how she is feeling or when her baby is due, and Asking an employee to provide the name and telephone number of a person to contact in case of a medical emergency. Questions that are not likely to elicit information about a disability are not disability-related inquiries and, therefore, are not prohibited under the ADA.
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Any questions? Keep in mind: Privacy should be respected.
Confidentiality must be maintained. Gossiping is unkind. Thank you for your attention.
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