EEOC’s Updated Guidance Makes Employer-Required COVID-19 Testing More Difficult

Until recently, employers had broad discretion to determine whether their employees were required to take COVID-19 tests prior to entering the workplace. Since the outset of the pandemic, the Equal Employment Opportunity Commission (EEOC) consistently allowed COVID-19 testing for on-site employees. However, on July 12, 2022, the EEOC updated its guidelines and now requires employers to assess whether current pandemic and individual workplace circumstances justify viral screening of employees.

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