As a manager or supervisor, may I tell an employee’s direct supervisor at my company or organization if I know for a fact that the employee has pandemic influenza?
Category: Equal Employment Opportunity and Privacy Issues Questions
Sub-Category: Privacy Issues
Answer:
The Americans with Disabilities Act (ADA) allows employers to share employees’ otherwise confidential medical information in limited circumstances. One of these exceptions allows an employer to disclose an employee’s medical information to her supervisor(s) and/or manager(s) where necessary to meet an employee’s work restrictions.
In the event of an influenza pandemic, an employer may alert a supervisor of an employee’s pandemic illness so that the supervisor can implement necessary work restrictions for public health and safety reasons. (See the U.S. Equal Employment Opportunity Commission’s publication, The ADA: A Primer for Small Business, pp. 10-11, for additional information.)
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/24/2008
