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:

  1. have a signed release from the employee
  2. test employees in a non-discriminatory fashion
  3. be mindful of obligations under the Americans Disabilities Act
  4. ensure a reliable and accurate test is being used.

See here for more on the EEOC’s guidance.