Katz, Marshall & Banks partner Adam Herzog was quoted in a Bloomberg Law article, “Temperature Checks Pose Logistical ‘Minefield’ for Employers.”
In an attempt to prevent the spread of Coronavirus among their employees, companies – including one of the country’s largest, Walmart – have begun to take their employees’ temperatures and send home workers with elevated temperatures. Prior to COVID-19, this practice was only legally permissible in very limited circumstances. However, the Equal Employment Opportunity Commission (EEOC) greenlit the policy for broader implementation during the pandemic, and forbids high-temperature employees from entering the workplace.
These new policies and procedures have created a host of privacy and logistical concerns. But according to Mr. Herzog, due to the EEOC’s explicit approval of the practice, employees are unlikely to succeed in a challenge to the policy. During these extraordinary times, the best course for workers to take if they have been turned away is to know exactly what the parameters of the policy are.
As Mr. Herzog noted, “That would be the main thing that the person would want to ask; what the policy was, and what the policy is for returning to work.”
Read the full article here.