ASSOCIATIONINSIGHT
Portable Sanitation Association International News
BIWEEKLY EDITION JUNE 24, 2020
Page 9
What You Should Know about COVID-19, ADA, and EEO Laws…continued from page 8
2. If an employer requires all employees to have a daily temperature check before entering the workplace,
may the employer maintain a log of the results?
Yes. The employer needs to maintain the confidentiality of this information.
3. May an employer disclose the name of an employee to a public health agency when it learns that the
employee has COVID-19?
Yes.
Hiring and Onboarding
1. Can we screen applicants for symptoms of
COVID-19?
Yes. An employer may screen job applicants for
symptoms of COVID-19 after making a conditional job
offer, as long as it does so for all entering employees in
the same type of job. This ADA rule applies whether or
not the applicant has a disability.
2. Can we take an applicant's temperature as part of a post-offer, pre-employment medical exam?
Yes. Any medical exams are permitted after an employer has made a conditional offer of employment.
However, employers should be aware that some people with COVID-19 do not have a fever.
3. Can we delay the start date of an employee who has COVID-19 or symptoms associated with it?
Yes. According to current CDC guidance, an individual who has COVID-19 or symptoms associated with it
should not be in the workplace.
4. Can we withdraw a job offer when we need the applicant to start immediately but the individual has
COVID-19 or symptoms of it?
Based on current CDC guidance, this individual cannot safely enter the workplace, and therefore the employer
may withdraw the job offer.
Reasonable Accommodation
In discussing accommodation requests, employers
and employees may find it helpful to consult the Job
Accommodation Network (JAN) for information specific to
COVID-19.
1. If a job can only be performed at the workplace, are
there reasonable accommodations for individuals
that could offer protection to an employee who,
due to a preexisting disability, is at higher risk from
COVID-19?
There may be reasonable accommodations that could
offer protection to an individual whose disability puts
him at greater risk from COVID-19 and who therefore
requests such actions to eliminate possible exposure.
Even with the constraints imposed by a pandemic, some accommodations may meet an employee's needs on
a temporary basis without causing undue hardship on the employer.
Continued on page 16
