EEOC Issues Guidance on COVID-19 Related Questions an Employer May Ask Employees and Prospective Employees
State and federal laws both strongly protect employees with disabilities and they do so in a number of respects. The COVID-19 outbreak has changed many employment-related rules, including those that relate to what types of questions an employer may ask their employee or prospective employee regarding potential exposure to COVID-19. Thankfully, the EEOC recently issued guidance that attempts to strike a balance between employee privacy and workplace safety.
Q1: Can My Massachusetts Employer Ask Me Why I am Calling in Sick During COVID-19/Coronavirus Outbreak?
Yes, during this outbreak, your employer may ask you if you are experiencing symptoms of COVID-19 when you call in sick. This would include symptoms such as fever, chills, cough, shortness of breath, or sore throat.
Q2: Can My Massachusetts Employer Take My Temperature During the COVID-19/Coronavirus Outbreak?
Yes, during this outbreak your employer may take your body temperature in order to stifle the spread of the virus and to promote a safe workplace.
Q3: Can My Massachusetts Employer Make Me Stay Home If I Have COVID-19/Coronavirus Symptoms?
Yes.
Q4: When I Return to Work, Can My Massachusetts Employer Require a Doctor’s Note Certifying I Don’t Have COVID-19/Coronavirus?
Yes. The EEOC specifically recommends that medical professionals could possibly using a form, a stamp, or an email to certify that an employee does not have the virus and can return to work.
Q5: Can My Massachusetts Employer Test Me for COVID-19/Coronavirus During the Hiring Process?
Yes, but only after making a job offer and only if the employer tests for all entering employees in your job category.
Q6: Can My Massachusetts Employer Take My Temperature During the Hiring Process?
Yes, but only after making a job offer and only if the employer tests for all entering employees in your job category.
Q7: Can My Massachusetts Employer Delay my Start Date Because I Have COVID-19/Coronavirus Symptoms?
Yes.
Q8: Can My Massachusetts Employer Withdraw a Job Offer if I Have COVID-19/Coronavirus Symptoms?
Yes.