Employee COVID-19 Screening: Head Off Costly Legal Errors

Length: 60 Minutes Expert: Michelle Anderson, JD

Screening your employees for COVID-19 is a legal minefield. And Employee COVID-19 Screening rule.

Sure, it’s the right thing to do, but get it wrong and the result can be catastrophic for your practice.

Multiple state and federal agencies are policing how you screen for this virus. Knowing how to comply is essential to keeping your practice doors open. All it takes is one employee to complain that your screening process infringes on their privacy or employment rights, and you could be faced with very real legal consequences. With Employee COVID-19 Screening rule.

There is help available. During her 60-minute online training, labor & employment attorney Michelle Anderson, JD, will help you cut through COVID-19 screening confusion.

Michelle will walk you through specifically how to screen your employees without leaving your practice exposed to privacy, discrimination, compensation and employment legal risks.

Here are just a few of the COVID-19 employee screening compliance questions you’ll get answered during this online training:

  • What should you do when an employee refuses to undergo a screening?
  • Which of your staff qualify to conduct employee temperature readings?
  • What are the legal ramifications of not checking employee temperatures and symptoms?
  • Which Equal Employment Opportunity Commission (EEOC) rules are required?
  • Must you compensate employees who you send home due to COVID-19 symptoms?
  • How do HIPAA privacy rules differ for employees vs patients?
  • Should or shouldn’t you document employee screening results (if so, how)?
  • What distancing and building admittance guidelines apply during temperature check ins?
  • Can you make staff use PTO if you send them home from having high fevers?
  • What Personal Protective Equipment (PPE) must you provide your designated screener?
  • Should hourly employees record their start time before or after screening takes place?
  • What are the legal risks of losing screening requirements when your local cases drop?
  • How should you modify your employment policies to include COVID-19 screening?
  • What is the danger of not complying with Centers for Disease Control and Prevention (CDC) guidelines?
  • Can you require all employees that travel on a plane be tested prior to returning to work?
  • Is it safer to have employees self-report symptoms and temperature readings?
  • What symptoms are you not allowed to ask employees about?
  • How does the Americans with Disabilities Act (ADA) affect your screening processes?
  • What type of thermometer – infrared scan or oral – best protects employee privacy?
  • Can you screen and test applicants before offering them a job?
  • Are there specific Department of Labor (DOL) compensation laws you must comply with?
  • What documentation should you require to ensure an employee is safe to return to work?
  • And so much more …

Don’t make the mistake of thinking that screening your practice’s employees for COVID-19 is as simple as taking temperatures. There are specific state and federal information gathering, protection and retention rules you must comply with – and you MUST MEET THEM ALL. Missing even one requirement could land you in serious legal hot water.

Screening your employees for COVID-19 is the right thing to do. It helps keep everyone safe and can reduce patient and employee fear of becoming infected. But you must implement screening precautions and procedures that comply with state and federal rules to avoid allegations of discrimination, employment violations and/or HIPAA fraud.

Don’t wait, sign up for this online training today to ensure employee COVID-19 screening rule compliance and protect your practice from the costly legal implications of getting it wrong.

P.S. Added Bonus, register for this online training, and you will receive a free downloadable “COVID-19 Employee Intake Questionnaire Template” that guides you through what to ask your ill employee and the steps you MUST do to file and respond to the case so you don’t violate privacy and safety protocols. This file helps you meet requirements to immediately record and file your employee’s positive COVID-19 diagnosis so you can comply with new State and Federal employment rules.

*Tool will be included with your presentation handouts.

Meet Your Expert

Michelle Anderson
JDPartner with Fischer Phillips

Michelle Anderson, JD, is a partner with Fischer Phillips. She represents employers in all aspects of employment law in both state and federal courts, and before administrative agencies. Her practice focuses on representing employers against claims of unlawful discrimination, harassment, wrongful termination, violations of leave and disability laws, and wage and hour related issues.

Michelle Anderson is a member of Fischer Phillips’ COVID-19 Taskforce, a cross-disciplinary team of attorneys dedicated to advising employers on the many workplace law aspects of the global coronavirus pandemic.

Michelle provides guidance in the areas of employee handbooks, wage and hour compliance, policy and procedure development, and management training. Her entire legal career has focused on labor and employment law.

Michelle has participated in more than two dozen employment practices reviews; including large multi-state employee handbook and policy reviews that cover all 50 states. She has provided policy advice and evaluation to employers as small as five and to those with thousands of employees.

Prior to practicing law, Michelle had a successful career in workforce development where she operated employment and training programs for a private non-profit corporation under contracts from the Department of Labor (DOL), the Washington State Department of Community, Trade, and Economic Development (CTED), and the Department of Social and Health Services (DSHS).


The speaker was knowledgeable, concise, and engaging.
Jacqueline Foreman
Manager, Cornell Scott-Hill Health Center