The Equal Employment Opportunity Commission (EEOC) has authorized employers to test employees for the COVID-19 virus before permitting them to enter the workplace.

The Americans With Disabilities Act (ADA) requires that any mandatory medical testing of employees be “job related and consistent with business necessity.” Having determined that “an individual with the virus will pose a direct threat to the health of others,” the EEOC announced on April 23 that COVID-19 testing of employees does not violate the ADA.
The EEOC cautioned, however, that “employers should ensure that the tests are accurate and reliable,” and it directed employers to guidance from the U.S. Food and Drug Administration and the CDC about what may or may not be considered safe and accurate testing. It also suggested that employers should “consider the incidence of false-positives or false-negatives associated with a particular test,” and noted that “accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later.”
Even if they choose to conduct testing, employers should comply with directives from medical and public health authorities regarding infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19.
Additional guidance regarding COVID-19 issues can be found at Liskow & Lewis’ website. And employment law questions can be directed to Tommy McGoey and Kindall James.
Resource:

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

Privacy Policy: By subscribing to Liskow & Lewis’ E-Communications, you will receive articles and blogs with insight and analysis of legal issues that may impact your industry. Communications include firm news, insights, and events. To receive information from Liskow & Lewis, your information will be kept in a secured contact database. If at any time you would like to unsubscribe, please use the SafeUnsubscribe® link located at the bottom of every email that you receive.

Print:
EmailTweetLikeLinkedIn
Photo of Kindall C. James Kindall C. James

Kindall James is a labor and employment lawyer who helps her clients resolve difficult HR and personnel issues that run the gamut from employees sending inappropriate emails, text messages, and strange pictures to one another, to more serious issues involving workplace violence and…

Kindall James is a labor and employment lawyer who helps her clients resolve difficult HR and personnel issues that run the gamut from employees sending inappropriate emails, text messages, and strange pictures to one another, to more serious issues involving workplace violence and threats.  She counsels employers, business owners and managers, and defends them in a wide variety of employment-related disputes in the state and federal courts of Texas and Louisiana.  This includes defending employers against claims under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act (ADA), ERISA, and other federal and state laws. Kindall also handles claims involving non-compete agreements, trade secrets, and unfair trade practices and competition.

Photo of Thomas J. McGoey II Thomas J. McGoey II

Tommy is the leader of the firm’s commercial litigation practice group and a member of the firm’s Board of Directors. He is a go-to labor and employment lawyer with experience throughout Louisiana and the U.S. With his nearly 35 years of experience, he…

Tommy is the leader of the firm’s commercial litigation practice group and a member of the firm’s Board of Directors. He is a go-to labor and employment lawyer with experience throughout Louisiana and the U.S. With his nearly 35 years of experience, he helps employers across a wide range of industries with contentious human resources claims and issues, both inside and outside the courtroom. Most recently, he has guided employers through a range of concerns related to the COVID-19 pandemic.