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ARTICLE · 29 JULY 2022

EEOC Updates Screening, Testing, And Mandatory Vaccination Policies

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Although testing will be permitted under certain circumstances, employers should engage in this assessment and should not assume that testing is permitted in all cases.

United StatesEmployment and HR
Danielle Bereznay
Danielle Bereznay
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After several months, the EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic's interaction with anti-discrimination laws, with a particular focus on the workplace screening, testing, and mandatory vaccination policies. This guidance, updated on July 12, 2022, provides important clarifications to Section A (Disability-Related Inquiries and Medical Exams), Section C (Hiring and Onboarding), Section G (Return to Work), and Section K (The ADA and COVID-19 Vaccinations). We discuss the key details below.

Employers Must Show that Administering a Viral Test as a Mandatory Screening Measure is Job Related and Consistent with Business Necessity.

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