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ARTICLE · 07 SEPTEMBER 2022

EEOC Updates Guidance Concerning COVID-19 Testing

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As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission's updated COVID-19 Guidance.

United StatesEmployment and HR
Devin Lindsay
Devin Lindsay
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As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission's updated COVID-19 Guidance, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws." The updated guidance follows its Vaccination Policy Update and primarily addresses workplace safety questions, including when employees and applicants may be required to undergo viral and antibody testing and other types of screening.

Viral Testing

With respect to viral testing, the EEOC has adopted a more limited approach that requires employers to perform a business necessity analysis. The new guidance states that, going forward, employers must assess current pandemic circumstances and individual workplace circumstances to justify viral screening testing. This applies to both returning to and remaining at work. Additionally, testing must be "job-related and consistent with business necessity" i.e.,

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