Do You Have the Right to Test Your Employees for COVID-19?

Apr 17, 2020 | Blog

On March 18th, The Equal Employment Opportunity Commission (EEOC) granted employers permission to perform temperature checks on every employee, a process that would, in any other circumstance outside of a global pandemic, be prohibited according to the American Disability Act’s rule against medical examinations unrelated to business necessity.  Since then, rumors have been circulating about companies, such as Amazon, taking these exams a step further by actually requiring employees to test negative for COVID-19 before returning to work.  While workplace safety is at the forefront of everyone’s minds, employers may be wondering what sort of precautions they can legally take to keep their workforce healthy and safe.

 

COVID-19 isn’t just novel to our bodies, it’s new to the organizations protecting the rights and safety of our workforce (i.e. EEOC and ADA), which has made it very difficult to find definitive answers about what employers can and cannot request of their employees in terms of medical information.  Although no one organization has provided a straight answer regarding appropriate COVID-19 safety procedures, here is what we’ve gathered based on current reports:

 

  • Employers may ask all employees entering the workplace whether or not they think they have COVID-19 or have been exposed to someone who may have COVID-19.
  • Employers may ask employees exhibiting COVID-19 specific symptoms, such as cough and nasal congestion, for confirmation that they do not have COVID-19.
  • Employers may require temperature checks for every employee entering the workplace, but it should be noted that fevers are not present in all cases of COVID-19.
  • Because COVID-19 is currently considered a pandemic and therefore, poses a direct threat to the workplace, under ADA rules and regulations, employers may require COVID-19 testing for every employee entering the workplace.
  • If the CDC determines that COVID-19 is like the seasonal flu, COVID-19 exams and testing in the workplace will no longer be permitted.

 

In conclusion, with a situation that is constantly evolving, it is advisable for employers to continue monitoring the CDC website to ensure that they continue to adhere to guidelines pertaining to medical examinations and testing in the workplace.