As the COVID-19 pandemic continues to spread across the globe, in an effort to reduce the risk of transmission of the illness, many companies are administering mandatory temperature screenings to all employees and visitors prior to permitting entrance to their facilities. On April 9, 2020, the US Equal Employment Opportunity Commission (“EEOC”) issued updated guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws .” In this updated guidance, the EEOC advised employers that they may implement employee temperature screenings in response to the COVID-19 pandemic without violating the Americans with Disabilities Act’s (“ADA”) “because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions.” The EEOC further explained that employers may maintain a log of the results of temperature screenings and may store such medical information in an employee’s existing medical files, provided that it is stored separately from the employee’s personnel file, thus limiting access to this confidential medical information, as required by the ADA.

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