The Equal Employment Opportunity Commission has posted guidance for employers regarding medical examinations and inquiries during the COVID-19 pandemic, linked here.
The EEOC’s original guidance focused on current employees. It now clarifies that, under the current circumstances, employers who are hiring can do the following and reminds them of important considerations if they choose to take any of these actions:
- Screen applicants for symptoms of COVID-19 (as long as done consistently)
- Take an applicant’s temperature as part of a post-offer, pre-employment medical exam
- Delay the start date of an applicant with COVID-19 or symptoms of COVID-19
- Withdraw a job offer to a person with COVID-19 or symptoms of COVID-19 if the applicant is needed to start immediately
Brooks Pierce is dedicated to keeping our clients fully informed during the COVID-19 crisis. For more information, please visit our COVID-19 Response Resources page.