Written by: Susan L. Swatski, Esq.
As businesses are starting to re-open their doors, workers and employers need to prepare their workplaces for the new normal to try to keep everyone as healthy as possible in the new COVID-19 reality. These are challenging times to be sure and we’re here to help you navigate them by providing guidance on key legal issues to consider as you re-open your business.
1. Employer Screening of Employees for COVID-19
The Equal Employment Opportunity Commission (EEOC) recently provided guidance that expressly permits employee screening and stating that such screening does not violate the Americans with Disabilities Act (ADA) provided any mandatory medical test is job-related and consistent with business necessity. In the case of COVID-19, the virus poses a direct threat to the health of others thereby satisfying the business necessity standard.