{"id":"DUT-FED-030","kind":"duty","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Equal Employment Opportunity Commission (technical assistance)","authority":"42 U.S.C. 12112(d), 12113(b); 29 C.F.R. 1630.2(r), 1630.14, 1630.15(b)(2)","instrument":"What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q\u0026A, as updated Sept. 8, 2020)","title":"What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws","dateIssued":"2020-09-08","effective":"2020-09-08","end":"superseded by the Dec. 16, 2020 update (Ex. DUT-FED-070)","startDate":"2020-09-08","endDate":"2020-12-16","quarters":["2020Q3","2020Q4"],"types":["EMP","QUAR"],"addressees":["employers with 15 or more employees (ADA); federal agencies (Rehabilitation Act)"],"clause":"A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee\u0027s body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees\u0027 body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).","enforcement":"none; the document defines what the ADA permits","functions":[],"notes":"Permissive: employers \u0027may\u0027 screen, take temperatures, test, exclude symptomatic employees and require protective gear because COVID-19 poses a direct threat; the ADA therefore stood aside while the general duty clause, the CMS conditions and the State orders compelled the screening. Character as recorded: agency_guidance_permissive (the EEOC\u0027s verbs are \u0027may\u0027; the direct-threat finding removes the ADA barrier to screening).","sourceUrl":"https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws","snapshot":"","fileExists":true,"fileBytes":367204,"grade":"primary","character":"agency_guidance_permissive","description":"","collection":"DUT-FED","url":"/library/DUT-FED-030","exhibitUrl":"/exhibit/DUT-FED-030","citation":"Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q\u0026A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)","stateName":"","related":["DUT-FED-070","AGY-FED-LABOR-IMMIGRATION-081","DUT-FED-031"]}