Empathy List Archives

CT

Chuck Thompson

Tue, May 12, 2020 8:11 PM

In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207

Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979)

Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image003.jpg@01D62877.97767370]http://www.facebook.com/IMLA-259977855541/ [cid:image004.jpg@01D62877.97767370] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image005.jpg@01D62877.97767370] http://twitter.com/imlalegal [cid:image006.jpg@01D62877.97767370] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110 M (240)-876-6790
Direct (202)-742-1016

W www.imla.org http://www.imla.org
Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207 Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979) Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D62877.97767370]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D62877.97767370] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D62877.97767370] <http://twitter.com/imlalegal> [cid:image006.jpg@01D62877.97767370] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC!

CJ

Chris J. Connolly

Tue, May 12, 2020 8:43 PM

Does the same apply to citizens wanting to enter public buildings or offices? Can we screen the public for temperatures?

Christopher J. Connolly
Chief Assistant City Attorney
City Attorney's Office
555 S. 10th Street, Suite 300
Lincoln, NE 68508
Phone: 402-441-7281
Fax: 402-441-8812
cconnolly@lincoln.ne.gov mailto:cconnolly@lincoln.ne.gov

Confidentiality Notice: This email message, including any attachments, is intended for the sole use of the intended recipient(s) and may contain confidential and attorney-client privileged information. Any unauthorized use, review, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy this email, any attachments, and all copies thereof. Thank you.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chuck Thompson
Sent: Tuesday, May 12, 2020 3:11 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] screening employees

CAUTION: This email comes from a sender outside your organization.
In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207

Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979)

Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image008.jpg@01D62874.02947750]http://www.facebook.com/IMLA-259977855541/ [cid:image009.jpg@01D62874.02947750] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image010.jpg@01D62874.02947750] http://twitter.com/imlalegal [cid:image011.jpg@01D62874.02947750] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110 M (240)-876-6790
Direct (202)-742-1016

W www.imla.org http://www.imla.org
Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

Does the same apply to citizens wanting to enter public buildings or offices? Can we screen the public for temperatures? Christopher J. Connolly Chief Assistant City Attorney City Attorney's Office 555 S. 10th Street, Suite 300 Lincoln, NE 68508 Phone: 402-441-7281 Fax: 402-441-8812 cconnolly@lincoln.ne.gov<mailto:cconnolly@lincoln.ne.gov> Confidentiality Notice: This email message, including any attachments, is intended for the sole use of the intended recipient(s) and may contain confidential and attorney-client privileged information. Any unauthorized use, review, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy this email, any attachments, and all copies thereof. Thank you. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson Sent: Tuesday, May 12, 2020 3:11 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] screening employees CAUTION: This email comes from a sender outside your organization. In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207 Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979) Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image008.jpg@01D62874.02947750]<http://www.facebook.com/IMLA-259977855541/> [cid:image009.jpg@01D62874.02947750] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image010.jpg@01D62874.02947750] <http://twitter.com/imlalegal> [cid:image011.jpg@01D62874.02947750] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC! CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

AK

Amanda Kellar

Tue, May 12, 2020 8:47 PM

Following-up on Chuck's below message, here's what the EEOC says about testing your employees.

A.6. May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? (4/23/20)

The ADA requires that any mandatory medical test of employees be "job related and consistent with business necessity." Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.2 because an individual with the virus will pose a direct threathttps://www.eeoc.gov/transcript-march-27-2020-outreach-webinar#q1 to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus.

Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidancehttps://www.fda.gov/medical-devices/emergency-situations-medical-devices/faqs-diagnostic-testing-sars-cov-2 from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or false-negatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later.

Based on guidance from medical and public health authorities, employers should still require - to the greatest extent possible - that employees observe infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19.

https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image008.jpg@01D6287D.02E4A410]http://www.facebook.com/IMLA-259977855541/ [cid:image009.jpg@01D6287D.02E4A410] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image010.jpg@01D6287D.02E4A410] http://twitter.com/imlalegal [cid:image011.jpg@01D6287D.02E4A410] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.org http://www.imla.org/
Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chuck Thompson
Sent: Tuesday, May 12, 2020 4:11 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] screening employees

In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207

Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979)

Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image008.jpg@01D6287D.02E4A410]http://www.facebook.com/IMLA-259977855541/ [cid:image009.jpg@01D6287D.02E4A410] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image010.jpg@01D6287D.02E4A410] http://twitter.com/imlalegal [cid:image011.jpg@01D6287D.02E4A410] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110 M (240)-876-6790
Direct (202)-742-1016

W www.imla.org http://www.imla.org
Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

Following-up on Chuck's below message, here's what the EEOC says about testing your employees. A.6. May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? (4/23/20) The ADA requires that any mandatory medical test of employees be "job related and consistent with business necessity." Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19<https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.2> because an individual with the virus will pose a direct threat<https://www.eeoc.gov/transcript-march-27-2020-outreach-webinar#q1> to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus. Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidance<https://www.fda.gov/medical-devices/emergency-situations-medical-devices/faqs-diagnostic-testing-sars-cov-2> from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or false-negatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later. Based on guidance from medical and public health authorities, employers should still require - to the greatest extent possible - that employees observe infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19. https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image008.jpg@01D6287D.02E4A410]<http://www.facebook.com/IMLA-259977855541/> [cid:image009.jpg@01D6287D.02E4A410] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image010.jpg@01D6287D.02E4A410] <http://twitter.com/imlalegal> [cid:image011.jpg@01D6287D.02E4A410] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC! From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson Sent: Tuesday, May 12, 2020 4:11 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] screening employees In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207 Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979) Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image008.jpg@01D6287D.02E4A410]<http://www.facebook.com/IMLA-259977855541/> [cid:image009.jpg@01D6287D.02E4A410] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image010.jpg@01D6287D.02E4A410] <http://twitter.com/imlalegal> [cid:image011.jpg@01D6287D.02E4A410] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC!

CK

Camila Kunau (City Attorney)

Tue, May 12, 2020 8:53 PM

We do here in SA.

Thanks,
Cam

Camila W. Kunau
Assistant City Attorney
City of San Antonio
210.207.5602
210.207.4004 (fax)

This is not an open record. This message and its attachments contain confidential information of the City of San Antonio and may include privileged attorney-client communications.
Unauthorized use or disclosure is prohibited.

CORE Values:
TEAMWORK | INTEGRITY | INNOVATION | PROFESSIONALISM
City of San Antonio, Texas

[cosa_quatrefoil (2)]

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chris J. Connolly
Sent: Tuesday, May 12, 2020 3:43 PM
To: Chuck Thompson cthompson@imla.org; disasterrelief@lists.imla.org
Subject: [EXTERNAL] Re: [Disasterrelief] screening employees

Does the same apply to citizens wanting to enter public buildings or offices? Can we screen the public for temperatures?

Christopher J. Connolly
Chief Assistant City Attorney
City Attorney's Office
555 S. 10th Street, Suite 300
Lincoln, NE 68508
Phone: 402-441-7281
Fax: 402-441-8812
cconnolly@lincoln.ne.gov mailto:cconnolly@lincoln.ne.gov

Confidentiality Notice: This email message, including any attachments, is intended for the sole use of the intended recipient(s) and may contain confidential and attorney-client privileged information. Any unauthorized use, review, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy this email, any attachments, and all copies thereof. Thank you.

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson
Sent: Tuesday, May 12, 2020 3:11 PM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] screening employees

CAUTION: This email comes from a sender outside your organization.

In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207

Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979)

Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850

[cid:image005.jpg@01D62875.78306310]http://www.facebook.com/IMLA-259977855541/ [cid:image006.jpg@01D62875.78306310] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image008.jpg@01D62875.78306310] http://twitter.com/imlalegal [cid:image009.jpg@01D62875.78306310] http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7110 M (240)-876-6790
Direct (202)-742-1016

W www.imla.org http://www.imla.org

Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
THIS EMAIL IS FROM AN EXTERNAL SENDER OUTSIDE OF THE CITY.

Be cautious before clicking links or opening attachments from unknown sources. Do not provide personal or confidential information.

We do here in SA. Thanks, Cam Camila W. Kunau Assistant City Attorney City of San Antonio 210.207.5602 210.207.4004 (fax) This is not an open record. This message and its attachments contain confidential information of the City of San Antonio and may include privileged attorney-client communications. Unauthorized use or disclosure is prohibited. CORE Values: TEAMWORK | INTEGRITY | INNOVATION | PROFESSIONALISM City of San Antonio, Texas [cosa_quatrefoil (2)] From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Chris J. Connolly Sent: Tuesday, May 12, 2020 3:43 PM To: Chuck Thompson <cthompson@imla.org>; disasterrelief@lists.imla.org Subject: [EXTERNAL] Re: [Disasterrelief] screening employees Does the same apply to citizens wanting to enter public buildings or offices? Can we screen the public for temperatures? Christopher J. Connolly Chief Assistant City Attorney City Attorney's Office 555 S. 10th Street, Suite 300 Lincoln, NE 68508 Phone: 402-441-7281 Fax: 402-441-8812 cconnolly@lincoln.ne.gov<mailto:cconnolly@lincoln.ne.gov> Confidentiality Notice: This email message, including any attachments, is intended for the sole use of the intended recipient(s) and may contain confidential and attorney-client privileged information. Any unauthorized use, review, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender and destroy this email, any attachments, and all copies thereof. Thank you. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Chuck Thompson Sent: Tuesday, May 12, 2020 3:11 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] screening employees CAUTION: This email comes from a sender outside your organization. In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207 Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979) Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image005.jpg@01D62875.78306310]<http://www.facebook.com/IMLA-259977855541/> [cid:image006.jpg@01D62875.78306310] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image008.jpg@01D62875.78306310] <http://twitter.com/imlalegal> [cid:image009.jpg@01D62875.78306310] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC! CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. **THIS EMAIL IS FROM AN EXTERNAL SENDER OUTSIDE OF THE CITY.** Be cautious before clicking links or opening attachments from unknown sources. Do not provide personal or confidential information.

CT

Chuck Thompson

Tue, May 12, 2020 10:32 PM

One other follow up after talking with some folks - I feel that screening can be supported under the 4th Amendment so long as you have some medical basis for believing the screening you're using is valid and there's a continuing risk to health of employees and public. But, I also believe that any protocol that a governmental entity puts in place should include some involvement of the public health agency after a screen turns up a positive. In some instances, the local government is also the health agency, in others responsible for the health and safety of the public, so screening works to let folks in, but a person who tests as symptomatic ought to be referred to the health agency rather than left to travel around and infect others. Where you have sufficient traffic to justify it, I'd say you should have a health professional at the ready, an isolation room or rooms to have the person examined by the health professional even if only to be interviewed and then allow for the health professional to issue a public health order specific to the person or determine that despite the original screen the person can enter. The last thing anyone should want is to have the public wonder why after you find a person to be possibly contagious so you won't let them in a building you're willing to release that person into the general public without restriction. If you can't have a health professional on site, you should have one available for telehealth interview and a room for the private interview. Chuck

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
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Direct (202)-742-1016

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Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

From: Amanda Kellar akellar@imla.org
Sent: Tuesday, May 12, 2020 4:47 PM
To: Chuck Thompson cthompson@imla.org; disasterrelief@lists.imla.org
Subject: RE: screening employees

Following-up on Chuck's below message, here's what the EEOC says about testing your employees.

A.6. May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? (4/23/20)

The ADA requires that any mandatory medical test of employees be "job related and consistent with business necessity." Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.2 because an individual with the virus will pose a direct threathttps://www.eeoc.gov/transcript-march-27-2020-outreach-webinar#q1 to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus.

Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidancehttps://www.fda.gov/medical-devices/emergency-situations-medical-devices/faqs-diagnostic-testing-sars-cov-2 from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or false-negatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later.

Based on guidance from medical and public health authorities, employers should still require - to the greatest extent possible - that employees observe infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19.

https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

[photo]

Amanda Kellar
Deputy General Counsel / Director of Legal Advocacy
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image003.jpg@01D6288B.B55DD900]http://www.facebook.com/IMLA-259977855541/ [cid:image004.jpg@01D6288B.B55DD900] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image005.jpg@01D6288B.B55DD900] http://twitter.com/imlalegal [cid:image006.jpg@01D6288B.B55DD900] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7116

W www.imla.org http://www.imla.org/
Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson
Sent: Tuesday, May 12, 2020 4:11 PM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] screening employees

In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207

Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979)

Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck

[photo]

Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD, 20850
[cid:image003.jpg@01D6288B.B55DD900]http://www.facebook.com/IMLA-259977855541/ [cid:image004.jpg@01D6288B.B55DD900] http://www.linkedin.com/company/international-municipal-lawyers-association-inc./ [cid:image005.jpg@01D6288B.B55DD900] http://twitter.com/imlalegal [cid:image006.jpg@01D6288B.B55DD900] http://soundcloud.com/internationalmunicipallawyersassociation
P (202) 466-5424 ext. 7110 M (240)-876-6790
Direct (202)-742-1016

W www.imla.org http://www.imla.org
Plan Ahead!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!
IMLA's 2021 Mid-Year Seminarhttps://imla.org/events/seminars, April 23-26, 2021 in Washington, DC!

One other follow up after talking with some folks - I feel that screening can be supported under the 4th Amendment so long as you have some medical basis for believing the screening you're using is valid and there's a continuing risk to health of employees and public. But, I also believe that any protocol that a governmental entity puts in place should include some involvement of the public health agency after a screen turns up a positive. In some instances, the local government is also the health agency, in others responsible for the health and safety of the public, so screening works to let folks in, but a person who tests as symptomatic ought to be referred to the health agency rather than left to travel around and infect others. Where you have sufficient traffic to justify it, I'd say you should have a health professional at the ready, an isolation room or rooms to have the person examined by the health professional even if only to be interviewed and then allow for the health professional to issue a public health order specific to the person or determine that despite the original screen the person can enter. The last thing anyone should want is to have the public wonder why after you find a person to be possibly contagious so you won't let them in a building you're willing to release that person into the general public without restriction. If you can't have a health professional on site, you should have one available for telehealth interview and a room for the private interview. Chuck [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D6288B.B55DD900]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D6288B.B55DD900] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D6288B.B55DD900] <http://twitter.com/imlalegal> [cid:image006.jpg@01D6288B.B55DD900] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC! From: Amanda Kellar <akellar@imla.org> Sent: Tuesday, May 12, 2020 4:47 PM To: Chuck Thompson <cthompson@imla.org>; disasterrelief@lists.imla.org Subject: RE: screening employees Following-up on Chuck's below message, here's what the EEOC says about testing your employees. A.6. May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? (4/23/20) The ADA requires that any mandatory medical test of employees be "job related and consistent with business necessity." Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19<https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#A.2> because an individual with the virus will pose a direct threat<https://www.eeoc.gov/transcript-march-27-2020-outreach-webinar#q1> to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus. Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidance<https://www.fda.gov/medical-devices/emergency-situations-medical-devices/faqs-diagnostic-testing-sars-cov-2> from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or false-negatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later. Based on guidance from medical and public health authorities, employers should still require - to the greatest extent possible - that employees observe infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19. https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D6288B.B55DD900]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D6288B.B55DD900] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D6288B.B55DD900] <http://twitter.com/imlalegal> [cid:image006.jpg@01D6288B.B55DD900] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC! From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Chuck Thompson Sent: Tuesday, May 12, 2020 4:11 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] screening employees In follow up, I believe the law on administrative searches should support the concept that a test on employees returning to work that enables protection of the workforce and public with which they deal could be sustained as reasonable, provided the test is minimally invasive, necessary to and related to the problem being solved and supported by medical evidence as valid. The airport screening cases help as does this 2nd circuit case: Chenkin v. Bellevue Hospital Center, New York City Health & Hospitals Corp., 479 F. Supp. 207 Chenkin v. Bellevue Hosp. Ctr., N.Y.C. Health & Hosps. Corp., 479 F. Supp. 207, 208 (S.D.N.Y. 1979) Overall, assuming the EEOC has allowed tests as I believe it has, I feel comfortable that the 4th amendment should not be an overwhelming hurdle to the well considered program and policy of screening employees to protect them and other against infection. Chuck [photo] Charles W. Thompson, Jr. Executive Director/General Counsel International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D6288B.B55DD900]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D6288B.B55DD900] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D6288B.B55DD900] <http://twitter.com/imlalegal> [cid:image006.jpg@01D6288B.B55DD900] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7110 M (240)-876-6790 Direct (202)-742-1016 W www.imla.org<http://www.imla.org> Plan Ahead! IMLA's 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA's 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC!