The short answer is, yes. Employers, in an effort to protect customers and fellow employees, can require all employees to have their temperatures taken. In accordance with the Equal Employment Opportunity Commission (EEOC) guidelines, these medical examinations are legal as a result of the ongoing pandemic. Employees have rights to confidentiality with regard to how the information has to be maintained. If confidentiality is not maintained, the employee may have certain legal claims against the employer due to the HIPAA violation.
Ty Hyderally, of Hyderally & Associates
• Employment litigation firm in Montclair, New Jersey.
• Five attorneys all concentrating in employment law.
• 973 509-8500/ www.employmentlit.com/ tyh@employmentlit.com
• With the upheaval caused by the COVID-19 pandemic, we know that many New Jersey workers/business owners have questions about their employment, and their rights related to their employment.
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