Triggered by Jeff Bezos’s plans to evaluate all Amazon workers for the infection that triggers COVID-19, we wondered whether employers can mandate employee screening, regardless of signs. The problem pits public safety against individual privacy, however minimal screeningschedule has rendered the concern rather moot. As the World Health Company and U.S. Centers for Disease Control and Prevention have noted, asymptomatic COVID-19 carriers
can spread out the infection without understanding they’re contaminated. To find out more about employees’rights in this arena, we spoke with Tricia Bozyk Sherno, counsel at Debevoise & Plimpton, who focuses on employment and general industrial litigation. The response, in the meantime, is not entirely straightforward, though updates from the U.S. Equal Employment Opportunity Commission might make the circumstance clearer going forward as more tests are made available and state governments start pressing to resume businesses. Sherno provided a fair amount of insight into the EEOC’s updated guidance and made some forecasts about how things might try to find both companies and workers going forward. TechCrunch: Prior
to the COVID-19 pandemic, what sorts of laws governed an employer’s ability to test employees for contagious diseases? Tricia Bozyk Sherno: Covered employers (employers with 15 or more staff members
)should abide by the requirements of the Americans with Disabilities Act( ADA ), which limits an employer’s capability to make disability-related questions or require
medical exams. (Note that specific states may likewise have comparable statutes in place.)Typically, disability-related queries and medical exams are prohibited by the ADA other than in limited scenarios. A” medical exam”is a treatment or test that inquires about an individual’s mental or physical impairments or health– so transmittable disease screening would fall under this classification. Article curated by RJ Shara from Source. RJ Shara is a Bay Area Radio Host (Radio Jockey) who talks about the startup ecosystem – entrepreneurs, investments, policies and more on her show The Silicon Dreams. The show streams on Radio Zindagi 1170AM on Mondays from 3.30 PM to 4 PM.