In a recent update the Equal Employment Opportunity Commission (EEOC) changed the guidelines relating to mandatory COVID-19 testing. Previously, the Americans with Disabilities Act (ADA) allowed employers to require testing for on-site employees when there is a related business concern. Under the new guidelines employers are still allowed to require COVID-19 testing. However, employers now have to prove that there is a job-related and consistent business need for COVID-19 testing in order to require that testing from your employees.
What Things Qualify Mandatory Testing?
To determine if your company qualifies for mandatory COVID-19 testing, you should consider these factors:
- Transmission levels in the surrounding area
- Potential impact on business functionality if employees are exposed to COVID-19
- The current COVID-19 variants in the area, as well as their transmissibility and severity of symptoms
- The vaccinated status of your employees
- The at-risk status of your employees
- What type of contact employees have with each other in the workplace
- What type of contact employees have with the customers
You can check the latest guidance from the Center for Disease Control (CDC) for other factors that may contribute to the necessity of COVID-19 testing in your workplace.
What You Should Do
As the world continues to adapt and change in response to COVID-19, you may need to adapt your testing policies as well. This change in guidelines gives you the perfect opportunity to reevaluate your testing policy. Check if your testing requirements fit the ADA’s business necessity standards and change them accordingly. Keep in mind that antibody tests aren’t able to determine if individuals are immune to COVID-19 or if they are currently infected, so they aren’t a business necessity and can’t be required for your employees.
If you have any COVID-19 or employee safety related questions, reach out to our experts at Helpside by messaging firstname.lastname@example.org.