EEOC Updates Guidance On Workplace COVID-19 Testing

Key Takeaways:

• Under updated EEOC guidance, an employer may now conduct mandatory COVID-19 testing only if such testing is "job-related and consistent with business necessity."
• Employers should assess a number of factors before mandating COVID-19 testing, including the level of community transmission, the vaccination status of its employees, and the accuracy and speed of processing for different types of COVID-19 viral tests, among others factors.
• Employers with mandatory COVID-19 testing policies should assess whether their policies comport with the updated guidance.

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance relating to COVID-19, revising its guidance on workplace COVID-19 testing. According to the new guidance, an employer that seeks to implement mandatory COVID-19 testing for employees must be able to show that such testing is "job-related and consistent with