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  3. DUT-FED-030

Ex. DUT-FED-030 Standing duty Primary source read

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance) · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
42 U.S.C. 12112(d), 12113(b); 29 C.F.R. 1630.2(r), 1630.14, 1630.15(b)(2)
Issued
2020-09-08 Sept. 8, 2020
Effective
2020-09-08
End
superseded by the Dec. 16, 2020 update (Ex. DUT-FED-070) (read as 2020-12-16)
In force
Sept. 8, 2020 to Dec. 16, 2020
Quarters
2020 Q32020 Q4
Limitation types
Workplace rulesQuarantine and isolation
Addressees
  • employers with 15 or more employees (ADA); federal agencies (Rehabilitation Act)
Character
agency guidance permissive
Collection
Standing duties: Federal layer DUT-FED

Operative words

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Penalty

none; the document defines what the ADA permits

What it required

Permissive: employers 'may' screen, take temperatures, test, exclude symptomatic employees and require protective gear because COVID-19 poses a direct threat; the ADA therefore stood aside while the general duty clause, the CMS conditions and the State orders compelled the screening. Character as recorded: agency_guidance_permissive (the EEOC's verbs are 'may'; the direct-threat finding removes the ADA barrier to screening).

Retrieval note

The library's AGY-FED-LABOR-IMMIGRATION-081, titled as the Mar. 17, 2020 version, is in fact the May 15, 2023 posting (its text so states); the period versions are Exs. DUT-FED-030, -070 and -071.