Jul 13, 2022

Uptick in COVID Cases Prompts Additional EEOC Guidance

Alert | Employment Services Alert

With COVID variant cases on the rise, the EEOC published new, additional guidance to employers on July 12, 2022. All of the EEOC’s updates can be found here. A few significant updates are summarized below: 

  • Screening Employees: Prior to yesterday’s update, an employer was legally permitted to require on-site COVID-19 viral screening testing. According to the new guidance, employers have to prove that testing employees is “job-related and consistent with business necessity.” Whether testing is a “business necessity” can be based on several factors, including community transmission rates, employee vaccination status, and working conditions. 
  • Antibody Testing: The EEOC clarified that employers cannot require antibody tests before allowing employees to re-enter the workplace, as they do not reliably determine whether someone is currently infected or immune. 
  • Applicants: The guidance makes clear that employers may test applicants for COVID-19, after making a conditional job offer, so long as they are doing so consistently. 
  • Rescinding Job Offers: A job offer can only be rescinded if it is absolutely necessary that the employee start his/her employment immediately and in-person. Current CDC guidelines should be evaluated prior to making this decision. 

Please contact a listed Roetzel attorney should you have any questions regarding these important updates. 

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