EEOC allowing employers to take temperatures during pandemic

The Equal Employment Opportunity Commission (EEOC) has just recently clarified that because the Centers for Disease Control and Prevention (CDC) and other state and local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers are now permitted to measure employees' body temperatures. The EEOC cautions, though, that some people with COVID-19 will not have a fever. The clarification is consistent with the agency's “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” guidance published in 2009.

What you should know

If you choose to take employees' temperatures, use an infrared digital thermometer to make the process less invasive and prevent further spread of the virus. Temperatures should be taken in private with no other employee present. Don't line up employees to have their temperatures taken in a nonconfidential manner. Records of the testing results should be kept in a confidential file.

You will also need to determine your return-to-work policy if an employee has a fever. The CDC recommends employees not be permitted to work until they have been fever-free for at least 24 hours, but you could choose a longer period of time.