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NCA Alert: EEOC: COVID Test Only When Necessary

In its first update to COVID-19 guidance since May 2021, the Equal Employment Opportunity Commission (EEOC) issued new guidance on Tuesday in the form of a Q&A stating that going forward employers will need to assess whether current pandemic circumstances and individual workplace circumstances justify viral screening testing of employees to prevent workplace transmission of COVID-19.

The Q&A was published on the EEOC website. The preamble states that the change is not meant to suggest that testing is or is not warranted; rather the revised Q&A acknowledges that evolving pandemic circumstances will require an individualized assessment by employers to determine whether testing is warranted consistent with the requirements of the Americans with Disabilities Act.

For more information, contact NCA Interim President & CEO and Vice President of Government Relations Joe Trauger at 202-684-8753.