On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) yet again updated its COVID-19 FAQs, revising earlier guidance about worksite screening through viral testing for COVID-19, modifying some Q&As, and making various generally non-substantive editorial changes throughout. According to the EEOC, it revised the guidance in light of the evolving circumstances of the pandemic. Here’s a run-down of the substantive changes in this latest iteration of “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
Under the Americans with Disabilities Act (“ADA”), once an employee begins work, any disability-related inquiries or medical exams must be “job-related and consistent with business necessity.” At the outset of the pandemic, the EEOC’s guidance considered that this “business necessity” standard for conducting medical exams would always be met for employers conducting worksite COVID-19 viral screening testing. That has changed. The new guidance makes clear that the EEOC no longer considers viral screening to be automatically justified. Going forward, employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees to prevent workplace transmission of COVID-19.
Specifically, the guidance states that employers that wish to implement viral screening must meet the “business...
On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency gui...