The Equal Employment Opportunity Commission (EEOC) released updated guidance for employers on several COVID-19-related issues, including when employees can be required to undergo testing for COVID-19, delays to the interactive process and mandatory vaccination programs.
The agency updated the Q&A guidance on July 12, emphasizing changes to the standard under the Americans with Disabilities Act (ADA) with regard to worksite COVID-19 testing.
At the outset of the pandemic, mandatory worksite COVID-19 testing was treated as meeting the ADA standard that it was “job related and consistent with business necessity.” Going forward, if an employer seeks to implement such testing for employees, it must meet the “business necessity” standard based on the relevant facts, the EEOC said.
Possible considerations may include the level of community transmission, the vaccination status of employees, the accuracy and speed of processing for different types of COVID-19 viral tests, the degree to which breakthrough infections are possible for employees who are “up to date” on vaccinations, the ease of transmissibility of the current variant(s), the possible severity of illness from the current variant(s), what types of contact employees may have with others in the workplace or in other locations where they are required to work, and the potential impact on operations if an employee enters the workplace with COVID-19.
“This change is not meant to suggest that such testing is or is not...
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