On April 23, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued guidance on testing employees for COVID-19. The pandemic is ongoing and no one knows exactly when it will end, but the EEOC guidance will help employers navigate some challenges as employees return to work during the COVID-19 pandemic.

Previously issued guidance by EEOC stated that Covid-19 was a “direct threat” to the health of others under the Americans with Disabilities Act (“ADA”). In light of that, the new EEOC guidance allows an employer to administer a COVID-19 test before permitting employees to enter the workplace if that test
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