EEOC: Employers May Test for COVID-19 Before Permitting Employees to Return to Workplace

Today, the Equal Employment Opportunity Commission (EEOC) added a new FAQ to its website What You Should Know About COVID-19 and the ADA, the Rehab Act, and Other EEO Laws addressing the extent to which an employer may administer tests to detect the presence of COVID-19 to employees before they return to work. According to the guidance, employers may administer such tests. However, employers should ensure that such tests are accurate and reliable. According to the EEOC, employers may wish to consider the number of false-positive and false-negative results associated with a particular test.

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