What Employers Need to Know About New EEOC Guidance on COVID-19 Testing

In an interview with American City Business Journals, Myra Creighton shares her insight on the Equal Employment Opportunity Commission’s (EEOC) newly issued guidelines that ensures COVID-19 testing policies comply with federal laws, particularly the Americans with Disabilities Act. The new EEOC guideline states that employers must show their testing procedures are both job-related and consistent with business necessities.

COVID screenings are allowed if the employer screens all employees and applicants within the same type of job. Myra explains, “if employers want to screen job applicants who come on-site for an interview, they can do so if they’re also screening others who enter the worksite.”

“The factors employers should consider include community transmission levels, current COVID-19 variants, employees’ vaccination status, working conditions, and the potential impact of positive cases on operations, among other factors,” Myra added.

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