Employers have asked and been told time and time again that they may not take employees temperatures at work due to concerns regarding COVID-19. As with the ever-changing global news, this concept has just changed as well. Pursuant to EEOC guidance, issued on Wednesday, employers may now take employees temperatures. The EEOC indicates:
Generally, measuring an employee’s body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not have a fever.
Of course, the permissibility of taking such measures is limited to the present circumstances and employers should be careful to not continue to practice after the acute risk of COVID-19 has passed.
Liesl Muehlhauser