EEOC’s COVID-19 Testing Guidance Raises Questions, Says Wage and Hour Co-Chair

The U.S. Equal Employment Opportunity Commission has officially sanctioned employer use of COVID-19 testing, but its updated guidance on the issue raises several unanswered questions. In an interview with Business Insurance, Hagood Tighe, Co-Chair of Fisher Phillips’ Wage and Hour practice, says the guidance leaves many, many unanswered questions, including, “how are we going to conduct the tests?”

Hagood explains that the collection of medical information will need to be done in a private and confidential manner, and that any testing information gathered needs to be maintained in separate medical files rather than in personnel files. Practically speaking, he says, “the easiest way, I think, for employers to comply is to contract with vendors that can provide nurses and other medically trained people to conduct testing.”

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