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Updated EEOC Guidance for Employers Permits Testing for COVID-19

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The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published updated and expanded technical assistance addressing questions arising under federal equal employment opportunity laws related to the COVID-19 pandemic. The April 23, 2020 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” expands on previous guidance and addresses COVID-19 testing by employers. The EEOC states that COVID-19 presents a direct threat to the health of others sufficient to justify testing employees but cautions that employers should only use tests that are “accurate and reliable.” Click here for more information.