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Americans with Disabilities Act (ADA) Workplace Safety Screening Procedures

Dentons

Factors Employers Should Consider as the EEOC Revises COVID-19 Testing Guidance

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COVID-19 is here to stay – it’s a matter of learning to live with it.  As employers learn to operate with the reality of COVID in the workplace, the EEOC has updated its guidance on when employers can and cannot implement...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

Akerman LLP - HR Defense

ALERT! Your COVID-19 Policies and Procedures Need a BOOSTER!

Employers who are conducting automatic COVID-19 testing of employees or gathering test results of employees’ families should beware: the Equal Employ­ment Opportunity Commission (“EEOC”) has issued new guidance limiting the...more

Pullman & Comley - Labor, Employment and...

EEOC Places Further Limits on When an Employer May Require an Employee to Undergo Testing for COVID-19

On July 12, 2022, the federal Equal Employment Opportunity Commission (EEOC) quietly updated its Q&A instructing employers as to when they may require an employee to undergo COVID-19 viral testing (i.e., a test, such as an...more

Littler

EEOC Updates COVID-19 Guidance, Potentially Limiting Employers’ Ability to Screen Employees for COVID-19

Littler on

On July 12, 2022, the U.S. Equal Employment Opportunity Commission updated its COVID-19 FAQs, with specific emphasis on viral testing, antibody tests, and other issues relating to workplace safety.  The agency’s update...more

Akerman LLP - HR Defense

Objections to COVID-Testing and Asking Vax Status Up Front: Best Practices

Akerman LLP - HR Defense on

Employers are being inundated with employee requests for exemptions, not just from mandatory vaccination policies, but also from policies requiring regular COVID-19 testing. How do employers square their duty to provide a...more

Benesch

Can Employers Mandate the COVID-19 Vaccine? (Updated to incorporate EEOC guidance)

Benesch on

Since this article was originally published, the EEOC issued guidance on December 16, 2020 specific to the use of the COVID-19 vaccine in the workplace. The EEOC’s guidance was consistent with our original article. However,...more

Butler Snow LLP

EEOC Guidance on Mandatory COVID-19 Vaccine Policies

Butler Snow LLP on

As the first trucks of COVID-19 vaccines start their way around the United States, many employers are eager to return to work. The first reaction many employers have to news of FDA approvals for COVID-19 vaccines is whether...more

FordHarrison

Return-to-Work Takeaways from the NBA Bubble

FordHarrison on

Given that the NBA relied upon the Centers for Disease Control and Prevention guidance in developing the league’s protocols, many of the steps taken by the NBA can be implemented within other workplaces. But, of course, the...more

Maynard Nexsen

How employers can ensure federal law compliance by following updated EEOC guidance on COVID-19 screening and testing protocols

Maynard Nexsen on

As workplaces in North Carolina and South Carolina are opening back up, employers should make sure they are up to date on their rights and obligations to test or otherwise screen their employees for COVID-19 under the federal...more

Bricker Graydon LLP

EEOC elaborates on ADA compliance: COVID-19 and the return to work effort

Bricker Graydon LLP on

On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) published updated guidance on complying with the Americans with Disabilities Act (ADA) amidst the return to work effort during the COVID-19 pandemic....more

Seyfarth Shaw LLP

EEOC Update: The Commission Offers Updated COVID-19 Guidance To Address Additional ADA Considerations

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and...more

Jackson Lewis P.C.

More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, And Telework

Jackson Lewis P.C. on

Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related...more

Fisher Phillips

Flu Season And Possible COVID-19 Vaccine Will Shine A Spotlight On Workplace Vaccination Policies

Fisher Phillips on

As the flu season approaches and the COVID-19 pandemic continues, employers’ mandatory vaccination policies may soon become more important than ever. For several reasons, those policies will also attract unprecedented...more

Mintz - Employment Viewpoints

Return to Work COVID-19 Testing Considerations

As employees increasingly transition back into the physical workplace, employers have begun to grapple with whether and how to deploy COVID-19 diagnostic testing as a return-to-work solution. Many employers want to avoid...more

Burr & Forman

Navigating the Minefield of Legal Challenges as Employees Return to Work

Burr & Forman on

Recalling Furloughed or Laid-Off Workers - Given phased reopening recommendations, social distancing requirements, and employees working remotely, employers may have to choose which employees to return to work first. ...more

Littler

With COVID-19 Resurgent, Employers Confront Privacy and Information Security Issues When Testing Employees for COVID-19

Littler on

With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more

Cohen & Gresser LLP

Protecting Employees From COVID-19 Without Violating Their Privacy Rights

Cohen & Gresser LLP on

A common response to widespread disease has always been to avoid contact with others until the disease runs its course. Many states adopted that approach to combat the COVID-19 outbreak by implementing stay-at-home orders,...more

Robinson+Cole Manufacturing Law Blog

Testing Issues Twist Manufacturers

The Novel Coronavirus, the speed by which science continues to discover new aspects of the disease and the response of the United States government to these developments has tested manufacturers.  One aspect of this testing...more

Epstein Becker & Green

EEOC Advises Employers: Do Not Require COVID-19 Antibody Testing for Employees Returning to Work

Epstein Becker & Green on

On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”). ...more

Neal, Gerber & Eisenberg LLP

What COVID-19 Tests Can Employers Require?

As employers begin to recall employees to the workplace, many are planning to require employees to submit to medical tests for the purpose of detecting COVID-19. In this regard, it is important to distinguish between viral...more

Pullman & Comley - Labor, Employment and...

The EEOC Issues New Guidance Regarding Antibody Testing in the Wake of COVID-19

Not a day seems to go by without the Equal Employment Opportunity Commission (“EEOC”) issuing a new pronouncement about businesses’ nondiscrimination obligations as employees return  to work in a COVID-19 world. ...more

Bricker Graydon LLP

COVID-19 Update: New EEOC guidance states that ADA prohibits employers from requiring coronavirus antibody tests

Bricker Graydon LLP on

On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance on COVID-19 to explain why, at least for the time being, requiring employees to take COVID-19 antibody tests...more

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

EEOC Issues Guidance on Antibody Testing

On June 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued an update to its COVID-19 Technical Assistance Questions & Answers, providing guidance on the use of antibody tests by employers. Though the...more

Hogan Lovells

EEOC states that requiring antibody tests prior to entry to the workplace is unlawful

Hogan Lovells on

As employers across the country are implementing return to work procedures and are gradually opening up their workspaces, many employers were left with unanswered questions regarding what testing they may conduct prior to...more

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