May 27, 2020

In this article, Jenner & Block Partners Stephen R. Brown, Emma J. Sullivan and Joseph J. Torres and Associate Michael F. Linden explore the complicated question of whether employers can legally require employees to use a contract tracing app in the battle against COVID-19.  The authors examine the question under the Americans with Disabilities Act (ADA).  They describe the basics of contact tracing technology; summarize guidance from the Equal Employment Opportunity Commission (EEOC) in the context of the pandemic; and analyze whether, consistent with the EEOC’s guidance, it would be permissible under the ADA for employers to require employees to use a contact tracing app.