You arrive at work, and your boss starts asking intrusive questions, like “where have you traveled in the last 14 days?” or maybe even forces you to take your temperature before coming into the office. You think to yourself that this is none of his business, he can't do this?
Well, typically, the Americans with Disabilities Act (the “ADA”) and the Rehabilitation Act would prohibit an employer from making certain medical inquires or doing medical examinations, such as the ones described above. However, on March 21, 2020, the U.S. Equal Employment Opportunity Commission (the “EEOC”) revised its Pandemic Preparedness in the Workplace and the Americans with Disabilities Act to provide additional guidance in light of COVID-19. Now, it is important to note that this is not the law, but rather guidance from the EEOC.
According to the guidance from the EEOC, employers may take their employees temperature since the Centers for Disease Control and Prevention (the “CDC”) have acknowledged the community spread of COVID-19. However, it is important to note, that this information is subject to confidentiality requirements under the ADA.
If you don't feel comfortable with the information your employer is asking you or are unsure sure what information you have to disclose, call Patrick Hughes for help today! He has extensive experience handling employment law matters. Call 301-952-9000 to schedule a consultation.
Molly Cioffi is an attorney with PLG that regularly handles family law cases in Maryland.
DISCLAIMER: The information above is for informational purposes only and is not intended to serve as legal advice for any particular situation. No attorney-client relationship is intended or created by this information and may not be relied upon based on the above-statements. Each individual situation is different and therefore a consultation is necessary before any advice can be relied upon as appropriate and accurate for your situation. This information is current as of April 16, 2020.