ARTICLE · 10 JULY 2020

Addressing The Privacy Challenges With Workplace COVID-19 Screening

Lawson Lundell LLP

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As we have outlined in Part 1 and Part 2 of our blog series, 'Returning the Workplace to Safe Operation', employers have a duty to reduce the risk of COVID-19 in the workplace as much as...

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As we have outlined in Part 1 and Part 2 of our blog series, 'Returning the Workplace to Safe Operation', employers have a duty to reduce the risk of COVID-19 in the workplace as much as reasonably practical. Consequently, employers may determine it is appropriate to conduct certain active screening, such as questionnaires, temperature screening, and testing. Further, as noted in our Managing Employees' Return to the Workplace blog, employers may also have to collect personal and health information related to employees' conditions and limitations as they pertain to COVID-19 hazards and issues.

Employers must remain mindful of their employees' privacy rights. In the event an employer is considering a screening program or is otherwise collecting information from their workforce in relation to COVID-19 mitigations, the following tips will help employers with their privacy compliance.

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