In response to the COVID-19 pandemic, the Secretary of the Puerto Rico Department of Labor and Human Resources issued guidance that specifically allows employers to take an employee’s body temperature provided they secure the individual’s express consent. Similarly, the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its guidance to expressly permit employers to implement temperature-screening measures given the current pandemic situation. The EEOC’s guidance acknowledges that generally, such screening constitutes a medical examination under the Americans with Disabilities Act (ADA). The EEOC explains, however, that “[b]ecause the CDC [Centers for Disease Control and Prevention] and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature.”
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