COVID-19 Testing Will Not Run Afoul of the ADA
April 27, 2020
By: Heidi C. Quan
On April 23, 2020, the Equal Employment Opportunity Commission ("EEOC") issued guidance to employers on COVID-19 virus testing of employees before entering the workplace. Specifically, the EEOC noted that the Americans with Disability Act requires any mandatory medical tests of employees be "job related and consistent with business necessity" and that "an individual with the virus will pose a direct threat to the health of others. Therefore, an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus."
Once testing becomes more prevalent and readily available, employers can confidently require testing before an employee enters a worksite. However, this EEOC guidance will assist businesses who are in the process of preparing return-to-work protocol.
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