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ARTICLE · 01 AUGUST 2022

EEOC Provides Updated Guidance On COVID-19 Testing

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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COVID-19 continues well into 2022 and employers continue to adapt to the ever-changing world of COVID. Recently, the Equal Employment Opportunity Commission (the "EEOC") updated...

United StatesEmployment and HR
Khasim Lockhart
Khasim Lockhart
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COVID-19 continues well into 2022 and employers continue to adapt to the ever-changing world of COVID. Recently, the Equal Employment Opportunity Commission (the "EEOC") updated its COVID guidance for employers. The following are key takeaways from the recent EEOC guidance:

  • Under the Americans with Disabilities Act (the "ADA"), an employer, as a mandatory screening measure, may administer a COVID-19 viral test when evaluating an employee's initial or continued presence in the workplace if the employer can show that the test is job-related and consistent with business necessity. If an employer seeks to implement screening testing for employees such testing must meet the "business necessity" standard. According to the EEOC, considerations in making the "business necessity" assessment may include the level of community transmission, the vaccination status of employees, the degree to which breakthrough infections are possible for employees who are "up to date" on

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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