EEOC Drops New Guidance On COVID-19 Testing

More than two years into the COVID-19 pandemic, and in the face of all sorts of uncertainty amid multiple new variants and waves of infection, employers could at least be confident of one thing – it is generally okay to require employees to take COVID viral tests to come to work. Well, earlier this week, the Equal Employment Opportunity Commission (EEOC) issued new guidance that (in addition to several other changes) upends this long-held principle and will require employers to re-think whether to require COVID testing.

Specifically, on July 12, 2022, the EEOC updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (the "Guidance") for the first time in several months. The Guidance, which covers a number of areas, advises on disability-related inquiries and medical exams, addresses hiring and onboarding protocol, evaluates return-to-workplace procedures, considers employer-mandated vaccine policies, and provides