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What Testing And Screening Can My Employer Or Potential Employer Do?

Federal and state laws protecting workers, such as disability discrimination laws and right to privacy laws remain in place during the pandemic. However, employers are permitted to follow CDC guidelines and other public health guidance to protect the workplace from COVID-19. Under this guidance, employers can:

  • Ask employees who call in sick if they have COVID-19 symptoms as enumerated by the CDC or other public health authorities.
  • Ask employees whether they have COVID-19 symptoms based upon CDC guidelines or other public health authorities before allowing them to enter the workplace.
  • Measure employeesโ€™ body temperature.
  • Require employees who have COVID-19 symptoms to stay home.
  • Require a doctorโ€™s note indicating that an employee is free of COVID-19 and fit to return to work before allowing employees to return to the workplace.
  • Administer COVID-19 testing before admitting employees into the workplace.
  • Maintain separate medical files on employees which include COVID-19 tests and or self-reported symptoms or infection with COVID-19.
  • Screen new employees for COVID-19 provided that their job offer was conditioned on a screening and all new employees are screened in the same manner.
  • Delay the start date or withdraw a job offer if a new employee is offered a job conditioned on testing and tests positive for COVID-19.

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