The Equal Employment Opportunity Commission has issued a technical assistance document for what it calls the “ADA-Compliant Employer Preparedness for the H1N1 Flu Virus.”

The EEOC says that the document answers basic questions about workplace preparation strategies for the swine flu virus that are compliant with the Americans with Disabilities Act. One of the issues covered is whether an employer can survey employees before an outbreak whether they have any medical conditions which would cause them to miss work; EEOC says an employer may survey its workforce to gather personal information needed for pandemic preparation if the employer asks broad questions that are not limited to disability-related inquiries. The EEOC document provides a sample survey question for employers to help plan for potential absences. The document also covers medical testing and requiring infection control practices.