Employment Law Considerations with Regard to COVID-19

The Americans with Disabilities Act (ADA) privacy rules restrict employers from sharing employee personal health information. Therefore, if an employee tests positive for COVID-19, employers should inform employees that possible exposure occurred in the workplace but should not disclose the name of the individual (or other identifying personal information) who tested positive. For more information, go to:  https://www.eeoc.gov/facts/pandemic_flu.html

The federal Equal Employment Opportunities Commission (EEOC) has issued guidance that employers may measure an employee’s body temperature under federal law.  However, employers should still consider whether state/local laws prohibit these exams.  For more information, go to:  https://www.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm

The Occupational Safety and Health Act (OSHA) has issued guidance that COVID-19 can be considered a recordable illness on an OSHA 300 form if all three of the following conditions are met:

1. Case is a confirmed case of COVID-19;
2. The case is work-related:
3. The case involves one or more of the general recording criteria for a recordable illness or accident (i.e. medical treatment which involves more than basic first aid, days away from work, etc.)

For more information, go to:  https://www.osha.gov/SLTC/covid-19/