This notice is to inform you that the U.S. Equal Employment Opportunity Commission (the EEOC) has updated its guidance on conducting COVID-19 tests on employees and on certain other pandemic-related issues.
Under previous guidance, the EEOC stated that the Americans with Disabilities Act’s (ADA’s) standard for all employers to conduct COVID-19 viral testing for on-site employees had been met.
In the updated guidance, the EEOC makes clear that ADA-covered employers (e.g. employers with 15 or more employees) must now assess whether the current pandemic and workplace circumstances justify such testing to prevent the transmission of COVID-19.
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