(May 1, 2020) - In the first part of this alert on taking
employees' temperatures, we explained some of the obligations
created under discrimination laws, occupational safety and health
standards, and data privacy regulations. In this second part, we
emphasize the newest guidance around temperature screenings,
COVID-19 testing, and returning to work.
Updated Guidance from the EEOC
As several states gear up to reopen their businesses, the EEOC
provided additional guidance to help employers ensure they are
doing their part to help stop the spread. In compliance with the
ADA, employers may continue temperature checks and continue to ask
employees questions about symptoms. The EEOC has also clarified
that employers are allowed to require COVID-19 testing, during the
epidemic, as a condition of an employee's return to work or
continued work. Employers should nevertheless be cautious so as to
avoid complications with the ADA.
