EEOC Provides Updated Guidance On COVID-19 Testing

Employers continuing to operate as essential businesses under the various state closure orders, or that are now beginning to plan to reopen or return workers as restrictions are scheduled to ease or phase out in various jurisdictions, are increasingly focused on how best to screen employees for COVID-19 as they report to work. Many jurisdictions are recommending (and some are requiring) employee temperature screenings and other measures. With COVID-19 testing becoming more accessible and a realistic option for employers in parts of the country, some employers are exploring whether they can make COVID-19 testing a component of their employee screening and mitigation plans. On April 23, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) provided a helpful update to its COVID-19 Technical Assistance publication, affirming that employers may lawfully administer COVID-19 testing to employees.