November 28, 2022

Volume XII, Number 332

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Uptick in COVID Cases Prompts Additional EEOC Guidance

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  • Rescinding Job Offers: A job offer can only be rescinded if it is absolutely necessary that the employee start his/her employment immediately and in-person.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. 

©2022 Roetzel & AndressNational Law Review, Volume XII, Number 194
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About this Author

Aretta K. Bernard Labor & Employment Attorney Roetzel & Andress Law Firm Akron, Ohio
Shareholder

Ms. Bernard has decades of experience in labor and employment litigation matters that run the gamut from equitable relief, non-compete and trade secret violations to complex, multi-party employment and public accommodation discrimination cases. Extensively experienced and knowledgeable in both state and federal laws prohibiting discrimination and harassment, Ms. Bernard represents private and public employers and individuals accused of age, handicap, and race discrimination, sexual harassment and sex discrimination, housing discrimination, and public accommodation...

330.849.6630
Stephanie Olivera Mittica Employment Lawyer Roetzel
Associate

Ms. Mittica focuses her practice on employment and labor law. She represents public and private sector clients in employment-related counseling and litigation on a broad array of matters, including claims of discrimination based on race, gender, disability, age, sexual harassment and hostile work environment, Section 1983 claims, employment contracts, and wage and hour disputes, in state and federal courts and before various administrative agencies. She also counsels clients on various federal, state, and local statutes to ensure compliance with applicable laws. Ms....

330.849.6671
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