David Barron spoke with CNBC about employers checking the temperature of employees. “If there’s a reasonable basis for employers to be doing temperature checks, which obviously there is right now, then that is absolutely legal,” said David. Typically, the Americans with Disabilities Act regulates what medical examinations employers can perform on workers in order to protect individuals with disabilities from discrimination. But David explains that employers are legally able to test employees’ temperatures in part because of a 2009 guidance issued by the Equal Employment Opportunity Commission in response to an outbreak of H1N1, known as swine flu, which has now been updated to apply to the COVID-19 pandemic. 

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