Q: Can you test employees for COVID-19?
A: Yes, but do so thoughtfully.
The Equal Employment Opportunity Commission (EEOC) recently issued guidance that employers may test employees to determine if they have the COVID-19 virus. However, before you make that decision be certain you:
- have a signed release from the employee
- test employees in a non-discriminatory fashion
- be mindful of obligations under the Americans Disabilities Act
- ensure a reliable and accurate test is being used.
See here for more on the EEOC’s guidance.
