COVID-19 raises critical questions about employee testing

The COVID-19 pandemic presents unprecedented challenges for any employer seeking to provide a healthy working environment. To help mitigate some of the uncertainty, on March 18, 2020, the Equal Employment Opportunity Commission (EEOC) issued updated guidance for employers considering screening and testing protocols for employees and job applicants. The efforts, along with a growing patchwork of state and local laws, are intended to slow the spread of infections.

Questions and answers from the EEOC

The EEOC guidance explains what precautionary measures are now permissible under the Americans with Disabilities Act (ADA). Here are some helpful questions and answers.

To protect the rest of the workforce, how much information may an employer request from an employee who calls in sick during the COVID-19 pandemic?

EEOC: During a pandemic, ADA-covered employers may ask sick employees if they are experiencing symptoms of the virus. For COVID-19, they include fever, chills, cough, shortness of breath, or a sore throat. You must maintain all information about employee illness as a confidential medical record in compliance with the ADA.

When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic?