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EEOC Publishes Additional COVID-19 Guidance, Including Confirmation of Employer Ability to Temperature Test under ADA (US)
Wednesday, March 18, 2020

The U.S. Equal Employment Opportunity Commission (EEOC) has issued additional guidance for employers dealing with the issues presented by the COVID-19 pandemic.  This information – available here – includes confirmation that employers may ask employees who report feeling ill or who call in sick whether they are experiencing any symptoms consistent with the coronavirus infection and may require employees to submit to non-invasive temperature testing to ensure employees are fever-free, each without violating the Americans with Disabilities Act (ADA).  The guidance additionally indicates that, consistent with the ADA, employers may require sick employees to stay home, and that employers may require employees who have been away from work due to illness to provide a doctor’s note certifying the employee’s fitness to return to duty, although the guidance indicates that with the current demand on the healthcare system, alternatives to physician notes may be necessary. (Employers should still ensure that they are acting consistent with state paid sick leave laws, if applicable, to the extent they address return-to-work authorization.) We will continue to provide updates as more guidance is released in response to this evolving crisis.

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