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<blockquote data-quote="Fred&amp;#039;s Myth" data-source="post: 4529181" data-attributes="member: 55587">Calm down, bacha.“When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic?Generally, measuring an employee’s body temperature is a medical examination. This means that under the ADA, taking an employee’s temperature generally would be impermissible unless it was job-related and consistent with business necessity. However, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. See additional questions at the <a href="https://www1.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm?renderforprint=1" target="_blank">EEOC’s What You Should Know About the ADA, the Rehabilitation Act, and COVID-19</a>.When an employer collects employee temperature functioning as an employer, such as in connection with protecting its workforce during the COVID-19 pandemic, is that information subject to the HIPAA Privacy Rule?No. As stated above, employers acting as employers are not covered entities or business associates under HIPAA.”</blockquote>

[QUOTE="Fred's Myth, post: 4529181, member: 55587"] Calm down, bacha. [B][B]“When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic?[/B][/B] Generally, measuring an employee’s body temperature is a medical examination. This means that under the ADA, taking an employee’s temperature generally would be impermissible unless it was job-related and consistent with business necessity. However, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. See additional questions at the [URL='https://www1.eeoc.gov/eeoc/newsroom/wysk/wysk_ada_rehabilitaion_act_coronavirus.cfm?renderforprint=1']EEOC’s What You Should Know About the ADA, the Rehabilitation Act, and COVID-19[/URL]. [B][B]When an employer collects employee temperature functioning as an employer, such as in connection with protecting its workforce during the COVID-19 pandemic, is that information subject to the HIPAA Privacy Rule?[/B][/B] No. As stated above, employers acting as employers are not covered entities or business associates under HIPAA.” [/QUOTE]

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