Page 30 - Wire Rope News & Sling Technology - April 2020

continued from page 28 widely. Some Federal laws may also nesses must avoid any actions that are
dividual’s right to privacy regarding apply. “Bear in mind that under the discriminatory, consciously or other-
their personal medical situation.” Americans with Disabilities Act (ADA), wise. “Although it is okay to ask em-
There is only a limited number of employers are generally not allowed ployees if they have traveled recently
health-related questions employers are to make disability related inquiries to high risk locations, and to tell them
permitted to ask employees, says Sholin- about preexisting health conditions to self-quarantine for a two-week peri-
sky. “If someone was quarantined after or other private medical information,” od, you have to apply the policy without
traveling to a country with elevated risk, says Deng. The law also prohibits giv- reference to race, ethnicity or national
for example, and shortly after returning ing a medical exam. “It’s allowable to origin,” says Deng.
to the office they are out sick, it would be ask employees if they have a cough or The need to avoid discrimination
appropriate to ask whether they are ex- fever, or shortness of breath. But you speaks to a practical issue: The novel
periencing flu-like symptoms, and if they may have issues under the ADA, or un- coronavirus causing COVID-19 can
are whether they have visited a doctor or der state laws, if you take their tem- strike any individual regardless of
been tested for COVID-19.” perature or do any other screening that background. “Just because people are
Once obtained, personal medical infor- might be construed as a medical exam.” of a certain race or national origin does
mation should be kept safe from dissem- One exception to this rule, says Deng, not mean they have a higher chance of
ination. “If you are requiring employees is if there is a “direct threat” to the work- infection with the virus,” says Sholin-
to make declarations about their travels place, such as development of a pan- sky. “Companies should be careful to
or their health conditions, you need to demic in your area. “You are allowed to not make such assumptions.”
be careful about how the information make medical inquiries and ask about PROTECT CUSTOMERS
is collected and disclosed,” says Deng. disability related matters if there is no Employees are not the only people
“Handle the information with respect to other way to get information that will subject to health risks from workplace
COVID-19 in the way you would handle protect the workforce. Assessment as to infection. Businesses need to also pro-
any other personal information.” That what constitutes a direct threat should tect anyone who comes into contact
means restricting information to those be based on objective factors. Be in- with staff members.
with a need to know. “If you send some- formed about what CDC guidelines and “To the extent the business is a place
one home with symptoms, the only peo- what local and state authorities tell you. of public accommodation, employers
ple who should know about it are those That will inform your duty and level of need to be mindful of the risks to cus-
individuals who have come into direct care with respect to workforce.” tomers, vendors and other visitors,”
contact with the person.” AVOID DISCRIMINATION says Sholinsky. “If asked what the
All actions must conform to state and In carrying out the policies and pro- company is doing to protect against the
city employee privacy laws, which vary cedures described in this article, busi- continued on page 78
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30 Wire Rope News & Sling Technology April 2020