The National Waste & Recycling Association issued a guidance for its members related to screening employee temperatures during the COVID-19 pandemic. The Equal Employment Opportunity Commission (EEOC) updated guidance from 2009 that the current COVID-19 health crisis is within the “direct threat” exception to restrictions on employer medical inquiries and testing.
“Until businesses have access to COVID-19 testing, asymptomatic employees may unknowingly spread the disease to co-workers and the public. The EEOC has stated that employers may take employee temperatures to test for fevers before they enter the workplace, as a means of limiting potentially infected employees’ contact with others,” said NWRA President and CEO Darrell Smith.
This guidance is not intended to provide legal advice. Qualified legal advice should be sought for how the law applies in any particular situation.