*The U.S. Equal Employment Opportunity Commission*

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# Fact Sheet on Obtaining and Using Employee Medical Informationas Part of Emergency Evacuation Procedures

## Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008

list of specific changes to the ADA

## Introduction

In light of recent events, many employers are developing orre-evaluating emergency procedures to ensure the safe evacuation ofall employees. A comprehensive emergency evacuation plan shouldprovide for prompt and effective assistance to individuals whosemedical conditions may necessitate it. Many employers have askedhow the Americans with Disabilities Act (ADA) and theRehabilitation Act affect their ability to achieve this goal.(1) Specifically, employers have askedwhether they may request information to help identify individualswho might need assistance because of a medical condition andwhether they can share this information with others in theworkplace. As the following questions and answers demonstrate,federal disability discrimination laws do not prevent employersfrom obtaining and appropriately using information necessary for acomprehensive emergency evacuation plan.(2)

- May an employer ask employees whether they will requireassistance in the event of an evacuation because of a disability ormedical condition?  Yes. Some employees may need assistance because of medicalconditions that are not visually apparent. Others may have obviousdisabilities or medical conditions but may not need assistance.Employers, therefore, are allowed to ask employees to self-identifyif they will require assistance because of a disability or medicalcondition. 
- How may an employer identify individuals who mayrequire assistance?  There are three ways that an employer may obtaininformation:    - After making a job offer, but before employment begins, anemployer may ask all individuals whether they will need assistanceduring an emergency.
  - An employer also may periodically survey all of its currentemployees to determine whether they will require assistance in anemergency, as long as the employer makes it clear thatself-identification is voluntary and explains the purpose forrequesting the information.
  - Finally, whether an employer periodically surveys all employeesor not, it may ask employees with known disabilities if they willrequire assistance in the event of an emergency. An employer shouldnot assume, however, that everyone with an obvious disability willneed assistance during an evacuation. For example, many individualswho are blind may prefer to walk down stairs unassisted. Peoplewith disabilities are generally in the best position to assesstheir particular needs.  An employer should inform all individuals who are asked abouttheir need for emergency assistance that the information theyprovide will be kept confidential and shared only with those whohave responsibilities under the emergency evacuation plan.(*See* Question 4 below.) 
- May an employer specifically ask what type ofassistance will be needed?  Yes. An employer may ask individuals who indicate a need forassistance because of a medical condition to describe the type ofassistance they think will be needed. One way that this can be doneis by giving all employees a memo with an attached form requestinginformation. The employer also may have a follow-up conversationwith an individual when necessary to obtain more detailedinformation. For example, it would be important for an employer toknow whether someone who uses a wheelchair because of mobilitylimitations is able to walk independently, with or without the useof crutches or a cane, in an emergency situation. It also would beimportant for an employer to know if an individual will need anyspecial medication, equipment, or device (*e.g.*, anassisted wheelchair carrier strap or a mask because of arespiratory condition) in the event of an emergency. Of course, anemployer is entitled only to the information necessary for it to beprepared to provide assistance. This means that, in most instances,it will be unnecessary for an employer to know the details of anindividual's medical condition. 
- Who is allowed to have information about employeesneeding assistance in an emergency?  The ADA has provisions that require employers to keep medicalinformation about applicants and employees confidential. Theseprovisions, however, include an exception that allows an employerto share medical information with first aid and safety personnel.This exception would allow an employer to share information aboutthe type of assistance an individual needs in the event of anevacuation with medical professionals, emergency coordinators,floor captains, colleagues who have volunteered to act as"buddies," building security officers who need to confirm thateveryone has been evacuated, and other non-medical personnel whoare responsible for ensuring safe evacuation. These individuals areentitled to the information necessary to fulfill theirresponsibilities under the employer's emergency evacuationplan. 

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1.The ADA applies to private employers withfifteen or more employees and to state and local governmentemployers. The Rehabilitation Act applies to most federalemployers, and its substantive requirements are the same as thosethat apply to employers covered by the ADA.

2.The Commission previously has issued moredetailed guidance on related issues concerning disability-relatedinquiries and medical examinations of applicants and employees.*See* Enforcement Guidance: Preemployment Disability-RelatedQuestions and Medical Examinations Under the Americans withDisabilities Act of 1990 (October 10, 1995) and EnforcementGuidance: Disability-Related Inquiries and Medical Examinations ofEmployees Under the Americans with Disabilities Act (ADA) (July 27,2000). These and other guidances are available on this website.

 More information on emergency preparedness for employees withdisabilities can be found on the President's New Freedom InitiativeDisability 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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*This page was last modified on October 27, 2005.*

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