EEOC updates guidance on COVID testing in the workplace
Since early in the pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has maintained Technical Assistance Questions and Answers on its website to assist employers with navigating the intersection of COVID, the Americans with Disabilities Act (ADA), and other laws within its purview.
On July 12, the EEOC updated its guidance pertaining to mandatory COVID testing in the workplace. In doing so, it considered the evolving state of the pandemic and identified factors employers should take into account going forward when justifying mandatory COVID testing. Let’s take a closer look.
Prior EEOC guidance
Prior EEOC guidance indicated that employers should follow recommendations from the Centers for Disease Control and Prevention (CDC) or other public health authorities regarding whether, when, and for whom mandatory testing in the workplace was appropriate. The agency, however, also informed employers that the recommendations would likely change as the pandemic developed, and it advised that they should stay up to date on developments to reassess the appropriateness of mandatory testing under laws.
Updated EEOC guidance
On July 12, the EEOC updated its response to the following question included within the Technical Assistance Questions and Answers on its website:
Under the ADA, may an employer, as a mandatory screening measure, administer a COVID-19 viral test (a test to detect the presence of the COVID-19 virus) when evaluating an employee’s initial or continued presence in the workplace?