Yesterday, I posted about new EEOC guidance on disability-related inquiries and medical examinations. The guidance included the EEOC’s view on what questions employers can ask when employees call in sick. The EEOC states that, during a pandemic, an employer can ask an employee if they are experiencing symptoms of Covid-19, such as fever chills, cough, shortness of breath, or sore throat. The CDC recently expanded the list of Covid-19 symptoms as follows:
- Shortness of breath or difficulty breathing
Or at least two of these symptoms:
Based on this expanded list, when an employee calls in sick, employers may inquire as to whether the employee has any of this expanded list of symptoms. And, if the employee has any of the symptoms, the employer may require the employee to stay home until the employee symptom free.