Our lawyers provide timely updates for employers in all legal aspects of employee relations and employment law, and track and comment on pending changes to employment law in New Jersey and nationally.

Stay Connected. Subscribe to Wilentz Blogs.

Employer Alert: EEOC Updates COVID-19 Testing Guidance

8.11.2022

In July, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance regarding COVID-19. A critical change was made regarding COVID-19 testing. Previously, the EEOC stated that COVID-19 testing was generally acceptable for employees working on site. The new guidance provides that employers can only test their employees if it is job-related and consistent with business necessity.

In determining whether there is a business necessity, the EEOC provided that employers may consider the following:

  • the level of community transmission; the vaccination status of employees;
  • the accuracy and speed of processing for different types of COVID-19 viral tests;
  • the degree to which breakthrough infections are possible for employees who are up to date on vaccinations;
  • the ease of transmissibility of the current variant(s);
  • the possible severity of illness from the current variant; what types of contacts employees may have with others in the workplace or elsewhere that they are required to work (e.g., working with medically vulnerable individuals);
  • and the potential impact on operations if an employee enters the workplace with COVID-19.

The EEOC also explained that employers should check the latest guidance from the CDC in determining whether testing is appropriate.

Takeaway: Employers should review their policies on COVID-19 to ensure they comply with the updated guidance. Employers with questions about the latest COVID-19 guidance can contact Ashley Morin or another member of the Wilentz Employment Law Team.

BLOG DISCLAIMER

The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services.  Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness.  The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship.  Readers should not act upon this information without seeking professional legal counsel.

This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk.  We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability.  Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein.  We will remove a link to any site from this blog upon request of the linked entity.

We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.

If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com.  One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.