ARTICLE
29 April 2020

COVID-19 FAQ: Hiring During The COVID-19 Pandemic

OD
Ogletree, Deakins, Nash, Smoak & Stewart

Contributor

Ogletree Deakins is a labor and employment law firm representing management in all types of employment-related legal matters. Ogletree Deakins has more than 850 attorneys located in 53 offices across the United States and in Europe, Canada, and Mexico. The firm represents a range of clients, from small businesses to Fortune 50 companies.
This general guidance is based on U.S. federal employment law and the current medical assessment of COVID-19. State and local laws may apply, and medical assessments may change, resulting in different
United States Coronavirus (COVID-19)

This general guidance is based on U.S. federal employment law and the current medical assessment of COVID-19. State and local laws may apply, and medical assessments may change, resulting in different conclusions.

Question 1. May an employer screen job applicants for symptoms of COVID-19 during the hiring process?

Answer 1. Yes. The EEOC has indicated that an employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, provided the employer does so for all applicants in the same job classification on a post-offer basis.

Q2. May an employer take an applicant's body temperature as part of a post-offer, pre-employment medical exam?

A2. Yes. While the EEOC indicates that taking the body temperature of an applicant or employee is considered a medical examination, the ADA permits medical exams after an employer has made a conditional offer of employment to an applicant. However, the EEOC reminds employers to be aware that not all individuals who have COVID-19 have a fever.

To view the full article please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

[View Source]

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More