U.S. employers are reminded to keep the Americans with Disabilities Act (ADA) in mind as monkeypox spreads throughout the U.S. and into the workplace.
ADA compliance requires keeping employee medical information confidential, according to Sharon Rennert, senior attorney advisor at the U.S. Equal Employment Opportunity Commission.
The ADA is a federal civil rights law that prohibits discrimination against people with disabilities in everyday activities. There are no ADA implications, for example, if an employer wants to disseminate educational materials to their workforce about monkeypox, Rennert noted.
Employers also should keep the ADA in mind during the hiring process so that all applicants and potential hires are treated equitably. If a job offer has been made, "under the ADA, as long as all applicants hired for the same position are subject to the same disability-related inquiries, then an employer is free to ask whatever it wants—including, 'Do you have monkeypox? Have you been exposed to monkeypox?' at that post-offer stage," Rennert said.
"If they're going to ask certain questions that are considered disability-related inquiries under the ADA, then the employer needs to be able to show [those questions are] job-related and consistent with business necessity," she added.
However, employers do need to exercise caution when they start asking for medical information—and keep that information private.
"If an employer is asking about symptoms, if the person was diagnosed...
Attorneys for three friends of Nolan Xavier Wells filed six more defamation lawsuits Tuesday in federal and state court, accusing social media users of making false claims about the young men in co...