News & Analysis as of

Americans with Disabilities Act (ADA) Virus Testing Guidance Update

Obermayer Rebmann Maxwell & Hippel LLP

EEOC Provides New COVID-19 Workplace Guidance (Again)

Given the easing of the pandemic, the US Equal Employment Opportunity Commission (EEOC) has once again updated its guidelines relating to employers’ handling of COVID-19. These adjustments reflect the evolving nature of the...more

BCLP

EEOC Issues New Guidance on COVID-19 Employee Testing

BCLP on

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers regarding “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more

Vinson & Elkins LLP

EEOC Updates Test for COVID-19 Testing Policies

Vinson & Elkins LLP on

It may, once again, be time for employers to review and update their COVID-19 workplace safety policies. In July 2022, the Equal Employment Opportunity Commission (EEOC) released updated guidance that employers must be able...more

Bass, Berry & Sims PLC

EEOC’s Updated Guidance on COVID-19 Testing in the Workplace

Bass, Berry & Sims PLC on

On July 12, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 FAQs and as a result, revised certain earlier guidance regarding permissible COVID-19 testing, workplace screening, and return to work...more

Mintz - Employment Viewpoints

EEOC Updates Screening, Testing, and Mandatory Vaccination Polices

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,...more

Saiber LLC

EEOC Updates COVID-19 Testing Guidance for Employers

Saiber LLC on

Throughout the COVID-19 pandemic, the COVID-19 FAQs published by the U.S. Equal Employment Opportunity Commission (“EEOC”) have been an invaluable resource for employers. On July 12, 2022, the EEOC updated a number of Q&As,...more

Parker Poe Adams & Bernstein LLP

EEOC Changes Technical Guidance on Employer COVID-19 Testing

On July 12, the Equal Employment Opportunity Commission (EEOC) released an amended Technical Assistance Q&A on the interaction between COVID-19 response measures and federal civil rights laws. While the revisions address a...more

McDermott Will & Emery

EEOC Potentially Limits Employer's Right to Mandate COVID-19 Testing

McDermott Will & Emery on

On July 12, 2022, the US Equal Employment Opportunity Commission (EEOC) revised its guidance on compliance with disability discrimination law during the COVID-19 pandemic. While previous guidance, initially published on...more

Jackson Lewis P.C.

EEOC Updates Its COVID-19 Guidance to Reflect Current State of COVID-19 in the U.S.

Jackson Lewis P.C. on

As the pandemic continues to evolve, so does the EEOC’s guidance. On July 12, 2022, the EEOC once again updated its COVID-19 guidance: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...more

Ward and Smith, P.A.

Update to EEOC's Position on Mandatory COVID testing

Ward and Smith, P.A. on

On July 12, 2022, the Equal Employment Opportunity Commission ("EEOC") updated its guidance regarding COVID-19 workplace viral screening testing.  The EEOC's original position on COVID-19 workplace viral screening testing...more

Bradley Arant Boult Cummings LLP

More COVID-19 Test Mess? EEOC Says It Has to Meet the Business Necessity Test

Now almost two and a half years into the pandemic, employers may think they have hit their stride on what to do to make sure their employees are COVID-19-free and safe. As with everything in life, you need to be up to date on...more

Stark & Stark

Workplace COVID Testing Must Be "Business Necessity" United States Equal Opportunity Commission Says

Stark & Stark on

The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. On July 12, 2022, the EEOC announced...more

Tonkon Torp LLP

EEOC Issues Updated Guidance on COVID-19 in the Workplace

Tonkon Torp LLP on

On July 12, 2022, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for employers seeking more information about permissible COVID-19 policies in the workplace....more

Foley Hoag LLP

EEOC Updates Guidance on Workplace COVID-19 Testing

Foley Hoag LLP on

Under updated EEOC guidance, an employer may now conduct mandatory COVID-19 testing only if such testing is “job-related and consistent with business necessity.” Employers should assess a number of factors before...more

Morgan Lewis

EEOC Updates Guidance On Employer COVID-19 Testing Programs

Morgan Lewis on

The US Equal Employment Opportunity Commission updated its guidance on employer COVID-19 testing programs on July 12. The update reinforces that the evolving circumstances of the COVID-19 pandemic require an individualized...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Business Necessity of COVID-19 Screening Testing No Longer Presumed Under EEOC Guidance

At the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) took the position that the Americans with Disabilities Act (ADA) standard for conducting medical examinations (job-related and...more

Verrill

Double Check: COVID-19 Policy

Verrill on

While in March of 2020, I believe many individuals hoped that by July of 2022 we would no longer be concerned with COVID-19 Policies, such, unfortunately, is not the case. Yesterday, the EEOC updated its long-standing...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC update to COVID guidance is ho-hum

And, for that, we should be grateful. This week, the U.S. Equal Employment Opportunity Commission updated its guidance on COVID-19 and the laws that the agency enforces. In my opinion, it's pretty unremarkable....more

Rumberger | Kirk

Vaccine Mandates and Religious Exemptions: Why Employers are Confused

Rumberger | Kirk on

On January 20, 2021, President Biden issued Executive Order on Protecting the Federal Workforce and Requiring Mask-Wearing in which he ordered the heads of executive departments and Federal agencies to immediately take action...more

Perkins Coie

COVID-19 and Discrimination: Takeaways for Employers Regarding the EEOC’s Updated Guidance

Perkins Coie on

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws, on September 8, 2020, to create a comprehensive guide for...more

Epstein Becker & Green

EEOC Issues Updates and Additions to COVID-19 Guidance, With a Focus on Return-to-Work

Epstein Becker & Green on

On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) released updates to its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Technical Assistance Questions and...more

ArentFox Schiff

The EEOC Further Updates Its COVID-19 Guidance

ArentFox Schiff on

Yesterday, the US Equal Employment Opportunity Commission updated its technical assistance document, What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws. The update incorporates...more

Laner Muchin, Ltd.

Requiring Antibody Tests Violates the Americans With Disabilities Act

Laner Muchin, Ltd. on

The Equal Employment Opportunity Commission (the “EEOC”) updated its COVID-19 guidance this week and for the first time addressed the question of may an employer require employees to take a test to determine whether an...more

Benesch

The Equal Employment Opportunity Commission (EEOC) Updates Testing Guidance to Prohibit Antibody Testing

Benesch on

In previous guidance, the EEOC permitted employers to administer a test to detect the presence of COVID-19 in their workforce prior to permitting entry into the workplace - with the caveat that any employee testing had to be...more

Bradley Arant Boult Cummings LLP

Nobody Gets Antibody (Testing): EEOC Forbids Employers from Using Antibody Testing for Re-Entering Workplace

The EEOC just amended its Q&A document on COVID-19 testing to address what COVID-19 testing employers can require. At this time (and it could change), the EEOC says that the ADA does not allow employers to require antibody...more

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