The Americans with Disabilities Act prohibits employers from making disability-related inquiries of employees. This includes asking an employee if they have a compromised immune system, chronic health condition or a condition that puts them in a high-risk category. Additionally, supervisors should not exclude an employee from the workplace solely because they have a medical condition that places them at a higher risk for severe illness due to COVID-19.
If an employee has been asked to return to campus and indicates that they are unwilling to return due to being high risk, refer the employee to an ADA consultant to discuss a possible accommodation that may allow them to perform the essential functions of their position. Because the employee’s request may involve information about their health, it is important that you refer the request to an ADA consultant rather than handling it yourself, so that the university can ensure that confidentiality requirements are followed. Approved accommodations may include remote work, changes to the employee’s schedule or work location, or other accommodations. The ADA consultant will work with you to discuss the options that may be feasible for the particular employee.
If an ADA accommodation is not approved, refer the employee to the Office of Human Resources Benefits Department to explore whether they are eligible for leave under university policy.
https://cfo.asu.edu/workplace-accommodations
