Is it legal that an employer takes their employees temperature before shift begin? With a store manager. I am working in

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Customer: Is it legal that an employer takes their employees temperature before shift begin?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: with a store manager
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: I am working in a retail environment, which is not unionized and have the employment status of permanent part-time with an hourly wage
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know, If my employer, a multi-national corporation with the head office in the US, and I am an employee in a Canadian store, can fire me, if I refuse to have my temperature taken. I consider this a human rights violation, especially because the customers coming into the store do not have to undergo temperature test.
Answered by Copperlaw in 1 hour 2 years ago
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Copperlaw, Expert

Good Day

This is a practice that many employers are engaging in, in order to protect their other staff and patrons.

Given the present Covid-19 Pandemic and the activation of the Emergency Measures and Civil Protection Act, this is entirely lawful and is not a Human Rights violation.

The taking of a person's temperature, particularly if done with an infrared thermometer, is not invasive and would not interfere with an individual's bodily integrity.

As for the question of whether you can be fired for refusing to comply, this would be seen as a lawful requirement and a bona-fide occupational requirement in the present pandemic state, so the employer could deem that you are refusing to comply with a lawful request and could terminate your employment yes.

Employers are free to terminate employment at any time, as long as they comply with the requirements of the Employment Standards Act.

Please let me know if you require any further guidance.

This seems to make no sense to me in light of the fact customers will not have to undergo temperature tests.What is your source which states infra-red temperature taking has no impact on the human physiology and human energy field?Thank you for your help.
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