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What employers should know about screening, testing for COVID-19

July 2020 employment law letter
Authors: 
Leslie A. Sammon, Axley Attorneys

As businesses reopen, many employers have wondered what type of screening they may or should conduct for employees returning to work. In separate guidance documents, the Equal Employment Opportunity Commission (EEOC) and the Occupational Safety and Health Administration (OSHA) have addressed questions about temperature screening, COVID-19 testing, and related issues concerning confidentiality and recordkeeping. Here's what you should know before implementing a screening or testing program.

Temperature screening

Employers can lawfully check the body temperatures of employees entering the workplace. Generally, measuring an employee’s temperature is a medical exam, and the Americans with Disabilities Act (ADA) requires it to be “job-related and consistent with business necessity,” according to the EEOC. The exams meet the standard if they’re necessary to determine whether employees have a medical condition that would pose a “direct threat” to health or safety.

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