What kind of medical questions can my employer ask me during the Pandemic, and do I have a right to confidentiality?

Generally, your employer shouldn’t ask you questions about a possible illness unless you bring it up and ask for accommodation.  However, during the pandemic, your employer is allowed to ask you questions relating to any of the symptoms of the Coronavirus.  For example, your employer can ask you if you have a fever or a cough.  Additionally, your employer can even require that you submit to testing before you come into work.  For example, your employer can require you to get your temperature taken with a no contact thermometer before you enter the workplace.  If you refuse, your employer can stop you from going into the workplace.  

However, you do have a right to privacy.  Your employer should be taking reasonable steps to keep all of your medical information confidential, even if you get sick.  

 

Keep in mind that as the situation continues to evolve, there will be new guidance from the EEOC.  Additionally, depending on your state, there may be local laws that provide additional protections for employees.  If you have a different question, or you would like further guidance on best practices during the pandemic, contact us.  

 

https://www.eeoc.gov/facts/pandemic_flu.html

https://static1.squarespace.com/static/5d2b6b50b259670001075df1/t/5e94445fd15e8e3d2ce550e8/1586775135341/EEOC+Updated+Guidance+on+COVID-19.pdf

Contact us to schedule your FREE consultation.

Lázaro Law Group
321 S. Plymouth Ct Suite 1250,
Chicago, IL 60604

Rafael E. Lazaro
Rated by Super Lawyers


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