EEOC Now Requires “Business Necessity” for Mandatory Workplace COVID-19 Screening

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers regarding COVID-19 (Guidance) to state that under the Americans with Disabilities Act (ADA) an employer may mandate COVID-19 medical testing of employees and applicants as a condition to enter the workplace only if it is “job-related and consistent with business necessity.”  This is a change from the EEOC’s prior position that such testing was presumptively considered job-related and consistent with business necessity because of the circumstances of the pandemic.  

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