On April 23, 2020, the EEOC issued an update to its technical assistance guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” 

The latest update pertains to disability-related inquiries and medical exams and advises that employers may, consistent with the requirements of the Americans with Disabilities Act, administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus. Employers must ensure that the tests are accurate and reliable. To assist employers in making this determination, the EEOC directs employers to review guidance from the U.S. Food and Drug Administration, the Centers for Disease Control and Prevention, and other public health authorities..  

Significantly, workplace COVID-19 testing is not a substitute for workplace infection control practices, such as social distancing, regular handwashing and other measures designed to prevent transmission of COVID-19.   

State and local legislative developments could impact the guidance provided by the EEOC, so employers should consult legal counsel regarding specific circumstances that may arise in their workplace. 

Read our April 20, 2020, Insight, “Updated EEOC COVID-19-Related Workplace Guidance.”