Bloomberg Law
July 13, 2022, 3:57 PM UTC

Workplace Covid Testing Must Be ‘Business Necessity,’ EEOC Says

J. Edward Moreno
J. Edward Moreno
Reporter

Employers should now take more factors into consideration when choosing whether to screen employees for Covid-19, according to new guidance from the EEOC.

Going forward, “employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing” for employees, the US Equal Employment Opportunity Commission said Tuesday in an update to its technical assistance guidance.

The agency enforces federal workplace nondiscrimination laws, including the Americans with Disabilities Act, which protects workers from certain medical examinations or inquiries.

The EEOC previously said Covid-19 testing for on-site employees was legal across the board. Now, employers will ...

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