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COVID-19 and Reopening NYC Part 4

In our final blog post about what reopening NYC might look like, we answer some additional questions about job security and pay in light of COVID-19.

Privacy issues related to COVID-19

Can my employer take my temperature at work?

Under normal circumstances, temperature screening would be considered a medical exam and would violate the ADA. But the U.S. Equal Employment Opportunity Commission has determined that, given the risks associated with Covid-19, temperature screening is permissible.

Do I have to report any coronavirus symptoms to my employer?

Yes. If your employers asks if you are symptomatic, which it should, your employer can require that you report that as a workplace-safety matter, but only under pandemic conditions. It has been recommended that employers require a simple daily health questionnaire and that workers proactively report any symptoms. The information should be protected as confidential under the ADA.

Can my employer send me home if I’m showing symptoms?

Yes. Your employer has a duty to protect all of its employees.

If a Covid-19 vaccine is developed, can my employer require I get it?

The EEOC says that during a pandemic, employers can require vaccinations. An employee may be entitled to an exemption if the vaccine would interfere with a medical condition or violate that person’s religious beliefs.

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