Coronavirus and employment law: 8 new answers for HR.

• Position: Nuts & Bolts

Throughout the pandemic, the EEOC has been publishing new guidance to help employers make legally safe decisions with their COVID-related testing, leave, terminations and more. So far, the key points in the guidance are:

* Employers can legally screen employees for COVID symptoms, including taking temperature upon entry.

* Employers can keep sick employees out of the workplace (following CDC guidelines) without violating the ADA or other laws.

* Employers can require employees entering the workplace to take a COVID test.

As employers have asked for clarity on some finer points of these rules, the EEOC recently issued a new round of guidance. Here are eight highlights:

1 COVID testing

The EEOC reiterated that COVID tests meet the ADA's requirement to be "job-related and of business necessity." Employers can test employees entering the workplace for the first time and periodically test them again.

Employers must use a COVID test that is approved by the FDA, and the EEOC suggests employers check the CDC and FDA websites frequently to determine which tests are appropriate and how frequently to test.

Tests are not substitutes for wearing masks, social distancing and hygiene. A negative test only presents a snapshot of the employee's health at that time. A positive test indicates an employee is contagious.

2 Singling out worker for test

While the ADA bars harassment based on disability, the EEOC says employers can single out an employee for testing based on a "reasonable belief based on objective evidence" that the employee has COVID. As a practical matter, this means documenting every inquiry and the reasons for the inquiry. Again, the screening must follow CDC guidelines.

3 Questioning remote staff

Employers can legally ask employees entering the workplace if they have been exposed to COVID or if they have any symptoms, such as fever, chills, cough and shortness of breath.

Key point: In most cases, you cannot ask these questions of teleworking employees. Unless you can demonstrate the questions are "job-related and of business necessity," the inquiries will violate the ADA. You can make COVID-related inquiries of tele-workers if they're physically interacting with other staff or customers. Also, you can require teleworking employees to report if they are quarantining.

4 Inquiries about family members

Employers should not ask employees if any of their family members have contracted COVID; that would violate the federal genetic information law...