The COVID-19 pandemic has created a wide range of challenges for workers across the country. One of the many concerns that federal ADA workers are having relates to COVID-19 testing rights. The EEOC issued updated guidance for employers who are considering screening and testing workers and job applicants. Our nationwide federal employee attorneys explain more about your rights in the workplace regarding ADA employer testing for COVID-19.
Can an ADA-Covered Employer Take My Body Temperature?
Measuring an employee’s body temperature is considered a medical examination. However, the Centers for Disease Control and Prevention (CDC) and state/local health authorities are allowing employers to measure workers’ body temperature to stop the spread of COVID-19. If your employer does implement a testing protocol, the tests should be administered by a medical professional. HR or environmental health and safety professionals may also conduct tests.
According to the CDC, individuals with body temperatures of 100.4 degrees or higher should isolate themselves from others and should be sent home.
What Records From the Testing Should An Employer Retain?
When employers receive testing results, they aren’t allowed to disclose that information to the rest of the company. Employee medical records should be treated as part of the company’s medical files. Employers are allowed to keep test records on file, but they aren’t allowed to share private information with other parties.
Call Our Federal Employee Attorneys Today!
If you’re currently facing a federal employee legal dispute regarding ADA employer COVID-19 testing, then you need an experienced attorney on your side. With more than 50 years of combined experience, our team provides exceptional legal services to a wide range of diverse individuals who hold federal occupations nationwide. We are backed by extensive experience and a track record of success. With our team, you can rest assured that you have the skilled representation you need to help you obtain the best possible results for your case.
Get in touch with our federal employee attorneys today at (800) 801-0598 to schedule a virtual consultation!
Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative.
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