EEOC: Employers Can Screen for COVID-19

The Equal Employment Opportunity Commission (EEOC) updated its guidance on April 23 on the Americans with Disabilities Act (ADA) and coronavirus, explaining that employers may screen employees for COVID-19. Any mandatory medical test must be job-related and consistent with business necessity, the EEOC explained. […]

Questions about testing are “increasingly on the minds of employers,” said Christopher Durham, an attorney with Duane Morris in Philadelphia. […]

In an April 17 update to the same guidance, the EEOC clarified what constitutes an undue hardship preventing an employer from reasonably accommodating an individual with a disability in a pandemic. The agency stated that “it may be significantly more difficult in this pandemic to conduct a needs assessment or to acquire certain items, and delivery may be impacted, particularly for employees who may be telecommuting.” […]

The factors impacting what constitutes an undue hardship are going to be motivated by a vastly different operational and financial reality for some businesses than was the case prior to the pandemic, said Linda Hollinshead, an attorney with Duane Morris in Philadelphia.

To read the full text of the article, including further commentary by Mr. Durham and Ms. Hollinshead, please visit the SHRM website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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