Fact Sheet on Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures
Introduction
In light of recent events, many employers are developing or re-evaluating emergency procedures to ensure the safe evacuation of all employees. A comprehensive emergency evacuation plan should provide for prompt and effective assistance to individuals whose medical conditions may necessitate it. Many employers have asked how the Americans with Disabilities Act (ADA) and the Rehabilitation Act affect their ability to achieve this goal.(1) Specifically, employers have asked whether they may request information to help identify individuals who might need assistance because of a medical condition and whether they can share this information with others in the workplace. As the following questions and answers demonstrate, federal disability discrimination laws do not prevent employers from obtaining and appropriately using information necessary for a comprehensive emergency evacuation plan.(2)
Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008
The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term "disability," the EEOC will be evaluating the impact of these changes on this document and other publications. See the list of specific changes to the ADA made by the ADA Amendments Act.
1.The ADA applies to private employers with fifteen or more employees and to state and local government employers. The Rehabilitation Act applies to most federal employers, and its substantive requirements are the same as those that apply to employers covered by the ADA.
2.The Commission previously has issued more detailed guidance on related issues concerning disability-related inquiries and medical examinations of applicants and employees. See Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations Under the Americans with Disabilities Act of 1990 (October 10, 1995) and Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees Under the Americans with Disabilities Act (ADA) (July 27, 2000). These and other guidances are available on this web site.
More information on emergency preparedness for employees with disabilities can be found on the President's New Freedom Initiative Disability Direct web site http://www.disabilities.gov/ and on the Job Accommodation Network's web site at http://www.jan.wvu.edu/.
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