The coronavirus pandemic is forcing employers to make tough decisions that could...
- The coronavirus pandemic is forcing employers to make tough decisions that could lead to legal liability, but most companies should be in the clear if they follow the advice of government authorities, according to Morrison & Foerster partners Janie Schulman and Christine Lyon.
On Monday, Reuters spoke with Schulman, who is based in Los Angeles and advises employers on a range of issues including discrimination, retaliation and whistleblower claims, and Palo Alto-based Lyon, who advises tech firms and other companies on data security and privacy.
LYON: The ADA generally prohibits mandatory medical examinations of current employees, including taking their temperatures, unless the employer can show this is necessary to respond to a “direct threat.” The issued guidelines in 2009 about pandemic preparedness, in which the EEOC cautioned employers that even a pandemic does not necessarily justify medical examinations.
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