Taking Temperatures During COVID-19: A Practical Toolkit

Sheppard Mullin Richter & Hampton LLPAs we move into the second quarter of 2020, governments around the country are analyzing how to best open up their economies. Part of this will include people returning to work, restaurants, retail establishments, and other places of public accommodation. Landlords, business owners, and others want to know how to take steps to reopen safely while government mitigation efforts are being developed to help slow the spread of COVID-19 until a vaccine is developed. And where authorities don’t have specific mitigation efforts, instituting protocols will fall squarely on landlords, business owners, and those who operate places of public accommodation.

Part of the government directives regarding opening include taking the temperatures of those who come into your establishment. Instructions from city, county, state, and federal governments on temperature checks are often included within Social Distancing Protocol requirements. Other issues arise under ADA considerations, as well as under general privacy and data security law principles.  (See, for example, information we posted on our sister labor and employment blog about EEOC testing approval.)

Drawing from these requirements, how can an organization put together an appropriate policy, especially if it has operations around the country? To help employees, landlords and others address these issues we have put together a toolkit consisting of a checklist and FAQs for employers.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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