Legal questions among the concerns surrounding COVID-19

The novel coronavirus COVID-19 brings up a host of concerns for employers as you focus on keeping employees safe and business on track. Not to be forgotten are the laws that may be implicated as the situation develops.

ADA considerations
Under the Americans with Disabilities Act (ADA), an employer's ability to make disability-related inquiries or require medical examinations is analyzed in three stages:

Preoffer. At this stage, the ADA prohibits all disability-related inquiries and medical exams, even if they are related to the job.

Postoffer. At this stage (after an applicant is given a conditional job offer but before starting work), an employer may make disability-related inquiries and conduct medical exams, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category.

Employment. After employment begins, an employer may make disability-related inquiries and require medical exams only if they are job-related and consistent with business necessity, which includes circumstances where an employee poses a direct threat because of a medical condition.