COVID-19 FAQ: Hiring During the COVID-19 Pandemic

Answer 1. Yes. The EEOC has indicated that an employer may screen job applicants for symptoms of COVID-19 after making a conditional job offer, provided the employer does so for all applicants in the same job classification on a post-offer basis.

A2. Yes. While the EEOC indicates that taking the body temperature of an applicant or employee is considered a medical examination, the ADA permits medical exams after an employer has made a conditional offer of employment to an applicant. However, the EEOC reminds employers to be aware that not all individuals who have COVID-19 have a fever.

A3. Yes. As with current employees, the EEOC confirms that the ADA is not being interpreted to prevent an employer from following CDC recommendations, and thus an employer may exclude symptomatic applicants from the workplace and delay their start date until released by their healthcare provider or otherwise meet the criteria to return to work. (See question 6.) Direction and recommendations from public health authorities will likely change as the COVID-19 pandemic further develops, and employers should continue to follow the most recent guidance from the CDC and state and local public health authorities.

A4. Yes. The EEOC has opined that an employer may withdraw the job offer of an applicant who has symptoms or is confirmed to have COVID-19 based on current CDC guidance indicating that such individuals should not be in the workplace.