May 18, 2020

As businesses continue bringing employees back into the workplace, many HR professionals are wondering exactly what kinds of questions they can ask of returning employees.  While it is ok to ask your employees if they have been experiencing any symptoms of COVID-19 and to take their body temperatures before the begin their workday, there are limits on what employers can ask.  For one, employers should not ask about whether any family members have COVID-19 or symptoms associated with COVID-19.  The Genetic Information Nondiscrimination Act (“GINA”) prohibits employers from asking medical questions about family members.  Instead, employers can ask whether the employee has had any contact with anyone who has tested positive for COVID-19 or is exhibiting symptoms.  Putting in place a detailed Pandemic Response Plan to address symptom checking, maintaining a clean worksite, and handling emergencies is not only good for business, but required by many states.  Contact our attorneys today to get started on drafting your own plan and bring your employees back to work safely and responsibly.