At the outset of the pandemic, the U.S, Equal Employment Opportunity Commission’s (EEOC) assessment indicated that the ADA standard for conducting medical examinations was always met for employers (at that time) to conduct COVID-19 test screenings at the workplace. In their recent Q&A (response A.6), the EEOC recommends a revision (beginning July 12, 2022), that makes their new position clear – employers need to assess whether current pandemic and workplace circumstances continue to justify employee continued COVID-19 workplace screenings to prevent the spread of the virus. The revision accounts for ideas to consider when making this assessment, including:
- community transmission levels
- types of contacts between employees and others in the workplace
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The change does not suggest that any such testing is or is not warranted. Instead, the revised approach recognizes that evolving pandemic circumstances will require an individualized employer assessment to ensure that testing remains warranted and thereby consistent with ADA requirements.
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The information contained in this article is intended for educational purposes and to provide a general understanding of regulatory events, legislative changes and the law – not to provide specific legal advice. Employers are advised to discuss and/or receive counsel from their licensed legal or accounting professional, prior to implementing any new policy or policy change.