EEOC Updates Workplace Guidance on COVID-19 Testing

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 workplace guidance. Most notably, the EEOC now requires that employers assess whether current pandemic circumstances and individual workplace circumstances justify requiring employees to provide negative COVID-19 test results as a condition of entering the workplace. As a result, employers will need to re-examine any COVID-19 testing policies, including those that apply only to unvaccinated workers. The revised guidance also addresses other areas of preventing COVID-19 transmission in the workplace including mandatory COVID-19 screening and infection control, reasonable accommodations, and vaccination requirements.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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