After several months, the EEOC has once again updated its guidance and answers regarding the ongoing COVID-19 pandemic’s interaction with anti-discrimination laws, with a particular focus on the workplace screening, testing, and mandatory vaccination policies. This guidance, updated on July 12, 2022, provides important clarifications to Section A (Disability-Related Inquiries and Medical Exams), Section C (Hiring and Onboarding), Section G (Return to Work), and Section K (The ADA and COVID-19 Vaccinations). We discuss the key details below.
The EEOC has clarified its guidance regarding the administration of viral tests as a mandatory screening measure and now requires that these measures meet the “job-related and consistent with business necessity” standard under the Americans with Disabilities Act (“ADA”). The EEOC’s previous guidance simply noted that employers were permitted to administer viral tests for employees in the workplace (such approach was deemed automatically compliant with the ADA). This update will require employers to engage in an assessment of their workplace to determine if viral testing as a screening measure meets the “business necessity” standard. Although testing will be permitted under certain circumstances, employers should engage in this assessment and should not assume that testing is permitted in all cases....
Stelson Campaign Manager Alma Baker: “This individual is not and has never been employed by the Janelle Stelson campaign.” Washington, D.C. – New reporting from American Journal News reveals that ...