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HomeRestaurant IndustryEmployee & Customer Temperature Checks will Make Restaurants Safer but could also increase Discrimination Claim Risk

Employee & Customer Temperature Checks will Make Restaurants Safer but could also increase Discrimination Claim Risk

The FDA has stated that it would like restaurants to Pre-Screen Employees by taking their temperatures and asking them questions about their potential exposure to COVID-19. For more info check out our blog: The FDA Has Stated that you Should Take Employee Temperatures Before Their Shift

California has starting releasing guidance on new required procedures for restaurants when they re-open. Check out this LA Times Article.

In the article they call out 3 main things:

  • Taking customers temperatures
  • Waiters wearing gloves and masks
  • Disposable menus

Restaurants are going to have to be very careful on how they execute these temperature checks, both for employees and customers.

These restaurants are potentially going to be denying people what they want: a dining experience in the restaurant or a shift to make money based on a temperature reading and the persons answers to a couple of questions.

If the restaurants:

  • Do A poor job of communicating their process to their teams and their customers
  • Apply their process differently to different people
  • Decisions are different for different people when the data is the same

This could open them up to claims of discriminatory practices. You want and need to avoid even the appearance of unfairness at all costs because it could destroy your business.

Restaurants need to have a Employee & Customer Temperature Pre-Screen process that meets these standards:

  1. Fully Documented
  2. Impartial
  3. Applied Evenly
  4. Takes the responsibility of making the decision off of the manager/employee and puts it on a formula or the process.

OpsAnalitica has developed Pre-Screen Processes, one for Customers and the other for Employees, that guide your manager through the COVID-19 Temperature Pre-Screen. Our processes exceed the 4 standards above.

Watch a quick video to see them in action:

I think it is unavoidable and incredibly unfortunate that some restaurant managers will use these processes to discriminate against employees and customers. Just as I think some customers and employees will claim discrimination when there was none. That is just the world we live in.

The one thing that I do know, is that a well-documented process that is executed fairly will provide the best protection for employees, customers, and restaurant operators.

If you would like to learn more about our COVID-19 processes, please imitate a chat in the bottom right hand corner of this screen.

Written by

I've been in the restaurant industry for most of my adult life. I have a BSBA from University of Denver Hotel Restaurant school and an MBA from the same. When I wasn't working in restaurants I was either doing stand-up comedy, for 10 years, or large enterprise software consulting. I'm currently the Managing Director of OpsAnalitica and our Inspector platform was originally conceived when I worked for one of the largest sandwich franchisors in the country. You can reach out to me through LinkedIn.