Health Checks are Permissible for Returning Employees

/

The Equal Employment Opportunity Commission (EEOC) has changed is guidance regarding temperature taking of employee’s as they return to the dealership.  Temperature taking is considered a medical examination that is only permissible under certain circumstances.

The EEOC has designated the current coronavirus pandemic as a time that employers can take the temperature of each employee as they enter the workplace.  Dealers must follow the guidelines listed below. 

Screening employees entering the workplace:

  • You may take the temperature of employees before entering the workplace.

  • Set up temperature taking locations to allow for social distancing.

  • You may only ask employees about COVID-19 symptoms, which includes symptoms such as fever, chills, cough, shortness of breath, or sore throat.

  • Dealers should send home any employee displaying COVID-19 symptoms.

  • Employees should stay home if they have symptoms of COVID-19 or become ill.

  • Employees who refuse to have their temperature taken should be denied entry to the workplace and may be sent home.

Employees calling in sick:

  • If an employee calls in sick, you may ask employees if they are experiencing symptoms of COVID-19, which includes symptoms such as fever, chills, cough, shortness of breath, or sore throat.

Returning to work:

  • You may require a doctor’s note before an employee may return to work.  However, keep in mind that such documentation may not be readily obtainable, and you should be flexible in accepting other documentation such as from clinics or email certification that the employee does not have the virus.

  • You may request information concerning a disability if an accommodation is requested.

Recordkeeping

  • You must maintain all information about employee illness as a confidential medical record in compliance with the ADA.

  • Dealers should maintain all coronavirus medical information in a separate, confidential location.

Employees who have a fever may not have the coronavirus and employees who do not have a fever may have the virus.  However, a fever alone is a sufficient reason for an employee to be absent from the dealership.  Following dealership safety policies is required to stop the spread of the virus.  Dealership staff who cannot follow social distancing requirements, must wear cloth face coverings in the dealership.  Personnel interacting with customers must also wear face coverings.

If you have any additional question, call the Association at 718.746.5900.