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.
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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.
