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COVID Testing Memo

The memo confirms that Ron Stormoen can require employees to undergo COVID-19 testing and provide a doctor's note before returning to work following positive cases. This is supported by the Americans with Disabilities Act, which allows for mandatory testing if it is job-related and necessary for business. Additionally, the ADA recognizes that individuals with COVID-19 pose a direct threat to health and safety.

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25 views1 page

COVID Testing Memo

The memo confirms that Ron Stormoen can require employees to undergo COVID-19 testing and provide a doctor's note before returning to work following positive cases. This is supported by the Americans with Disabilities Act, which allows for mandatory testing if it is job-related and necessary for business. Additionally, the ADA recognizes that individuals with COVID-19 pose a direct threat to health and safety.

Uploaded by

Jen
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Memo

To: Ron Stormoen


From: Jennifer Stormoen
Date: June 22, 2023
Re: COVID Testing
                                                                                                                                                          

Question: Under the circumstances (two employees testing positive and shutting down the
restaurant) can he require employees to be tested and not allow them back without negative test
results?

Short answer: Yes, he can require testing and a doctor’s note before employees return.

Discussion: According to Pandemic Preparedness in the Workplace and the Americans with
Disabilities Act, testing for COVID-19 can be mandatory if it is job related:
“The ADA prohibits employee disability-related inquiries or medical examinations unless
they are job-related and consistent with business necessity. Generally, a disability-related
inquiry or medical examination of an employee is job-related and consistent with
business necessity when an employer has a reasonable belief, based on objective
evidence, that:
 An employee’s ability to perform essential job functions will be impaired by a
medical condition; or
 An employee will pose a direct threat due to a medical condition”

An individual with COVID does pose a direct threat according to the ADA:
“A "direct threat" is "a significant risk of substantial harm to the health or safety of the
individual or others that cannot be eliminated or reduced by reasonable accommodation."

The ADA also allows for doctor’s notes before returning to work:
“May an ADA-covered employer require employees who have been away from the
workplace during a pandemic to provide a doctor’s note certifying fitness to return to
work? Yes. Such inquiries are permitted under the ADA either because they would not be
disability-related or, if the pandemic influenza were truly severe, they would be justified
under the ADA standards for disability-related inquiries of employees.”
https://www.eeoc.gov/laws/guidance/pandemic-preparedness-workplace-and-americans-
disabilities-act

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