Mandatory Workplace COVID-19 Testing Must Be Justified, EEOC Says – SHRM

Employers will need to assess pandemic and workplace circumstances in order to justify mandatory COVID-19 testing of employees going forward, the U.S. Equal Employment Opportunity Commission (EEOC) announced in a July 12 guidance update.

We've rounded up resources and articles fromSHRM Onlineand other trusted outlets on the news.

Job-Related and Necessary

The EEOC saidemployers must show that coronavirus testing is job-related and consistent with business necessity, as defined by the Americans with Disabilities Act.

Until now, worksite COVID-19 testing was permitted without any required justification or assessment.

The agency provided several possible factors to consider when making an assessment, including:

"This change is not meant to suggest that such testing is or is not warranted," the EEOC said. "Rather, the revised [guidance] acknowledges that evolving pandemic circumstances will require an individualized assessment by employers to determine whether such testing is warranted."

(U.S. EEOC)

EEOC Continues to Update COVID-19-Related Guidance

Throughout the pandemic, the EEOC has answered key employer questions and provided guidance about the evolving COVID-19-related issues employers face. EEOC Vice Chair Jocelyn Samuels and Commissioner Andrea R. Lucas spoke at the SHRM Employment Law & Compliance Conference 2022in March to keep attendees up-to-date.

(SHRM Online)

SHRM's Coronavirus ResourcesPage

This page contains COVID-19 vaccination resources, as well as information onreturn-to-work and remote-work issues.

(SHRM Online)

When Workers Refuse a COVID-19 Vaccination

The EEOC allows workplace vaccination mandates when they are job-related and consistent with business necessity. Employers must consider reasonable accommodations when employees refuse to get vaccinated for medical reasons, including pregnancy-related reasons, or based on sincerely held religious beliefs, unless an accommodation would cause undue hardship for the business.

(SHRM Online)

Handling Religious Objections to Workplace Vaccine Mandates

Employers generally must explore reasonable accommodations for employees who refuse to get vaccinated against the coronavirus based on a sincerely held religious beliefbut objections based on personal or political views are not protected under federal anti-discrimination laws.

(SHRM Online)

EEOC Answers HR's COVID-19-Related Questions

EEOC Chair Charlotte Burrows and Commissioner Keith Sonderling responded to lingering questions about compliance with anti-discrimination laws during the pandemic during a session atthe SHRM Annual Conference & Expo in 2021. The pair touched on issues like remote work, COVID-19 testing and vaccination, and other pandemic-related policies.

(SHRM Online)

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Mandatory Workplace COVID-19 Testing Must Be Justified, EEOC Says - SHRM