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Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Pr... Page 1 of 2 <br /> The U.S. Equal Employment Opportunity Commission <br /> Fact Sheet on Obtaining and Using Employee <br /> Medical Information as Part of Emergency <br /> Evacuation Procedures <br /> Introduction <br /> In light of recent events, many employers are developing or re-evaluating emergency procedures to <br /> ensure the safe evacuation of all employees. A comprehensive emergency evacuation plan should <br /> provide for prompt and effective assistance to individuals whose medical conditions may necessitate it. <br /> Many employers have asked how the Americans with Disabilities Act (ADA) and the Rehabilitation Act <br /> affect their ability to achieve this goal. Specifically, employers have asked whether they may request <br /> information to help identify individuals who might need assistance because of a medical condition and <br /> whether they can share this information with others in the workplace. As the following questions and <br /> answers demonstrate, federal disability discrimination laws do not prevent employers from obtaining <br /> and appropriately using information necessary for a comprehensive emergency evacuation plan. <br /> 1. May an employer ask employees whether they will require assistance in the event of an <br /> evacuation because of a disability or medical condition? <br /> Yes. Some employees may need assistance because of medical conditions that are not visually <br /> apparent. Others may have obvious disabilities or medical conditions but may not need <br /> assistance. Employers, therefore, are allowed to ask employees to self-identify if they will require <br /> assistance because of a disability or medical condition. <br /> 2. How may an employer identify individuals who may require assistance? <br /> There are three ways that an employer may obtain information: <br /> o After making a job offer, but before employment begins, an employer may ask all <br /> individuals whether they will need assistance during an emergency. <br /> o An employer also may periodically survey all of its current employees to determine <br /> whether they will require assistance in an emergency, as long as the employer makes it <br /> clear that self-identification is voluntary and explains the purpose for requesting the <br /> information. <br /> o Finally, whether an employer periodically surveys all employees or not, it may ask <br /> employees with known disabilities if they will require assistance in the event of an <br /> emergency. An employer should not assume, however, that everyone with an obvious <br /> disability will need assistance during an evacuation. For example, many individuals who are <br /> blind may prefer to walk down stairs unassisted. People with disabilities are generally in <br /> the best position to assess their particular needs. <br /> An employer should inform all individuals who are asked about their need for emergency <br /> assistance that the information they provide will be kept confidential and shared only with those <br /> who have responsibilities under the emergency evacuation plan. (See Question 4 below.) <br /> 3. May an employer specifically ask what type of assistance will be needed? <br /> <br /> http://www.eeoc.gov/facts/evacuation.html 6/14/2004 <br /> <br />