EEOC updates guidance on COVID-19 testing, inquiries, accommodations, telework

On September 8, 2020, the Equal Employment Opportunity Commission (EEOC) released “What You Should Know About COVID-19 and the ADA, Rehabilitation Act, and Other EEO Laws”—updated guidance for both employers and employees addressing common questions related to COVID-19 and the federal employment laws. The update pulled together information from other agency resources, modified two existing questions and answers, and added 18 new ones. Read on to learn the key takeaways for employers and HR pros.

COVID-19 testing and inquiries

Employers may administer COVID-19 tests to all employees. You may administer COVID-19 tests to all employees (1) before initially permitting them to enter the workplace and/or (2) periodically to determine if their presence poses a direct threat to others. You should ensure the testing is accurate and reliable and periodically review information from public health authorities about what may or may not be considered safe and dependable testing. Additionally, you should still require employees to observe infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent virus transmission.