On May 20, 2020, the New York State Department of Labor (“NYSDOL”) published guidance for Phase 1 reopening employers, requiring mandatory health screening assessments before employees begin work each day and for essential visitors (not customers). The guidance establishes that Phase I employers must inquire as to whether employees and/or visitors have experienced the following:

With talk of reopening states and getting back to work emerging amid the ongoing COVID-19 pandemic, the United States Equal Employment Opportunity Commission (“EEOC”) announced that employers may test for COVID-19 without violating the Americans with Disabilities Act (“ADA”). In COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, the EEOC provides that