Bloomberg Law
Sept. 8, 2020, 7:13 PM

Workplace Covid Tests Meet Disability Law Standards, EEOC Says

Paige Smith
Paige Smith

Employers testing workers for Covid-19 won’t run afoul of federal disability law, as long as they’re following current Centers for Disease Control and Prevention guidance, the EEOC said.

The Americans with Disabilities Act requires any mandatory workplace health testing to be “job related and consistent with business necessity.” Employers that follow CDC guidelines while administering Covid-19 testing meet that standard, according to updated Equal Employment Opportunity Commission guidance.

“The ADA does not interfere with employers following recommendations by the CDC or other public health authorities regarding whether, when, and for whom testing or other screening is appropriate,” the agency ...

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