July 2022: EEOC Issues Updated COVID-19 Guidance for Employers and the Workplace

Update Applicable to:
All employers in the state of California.

What happened?
On July 12, 2022, the United States Equal Employment Opportunity Commission (“EEOC”) updated and expanded its technical assistance related to the COVID-19 pandemic, addressing questions related to employers.

What are the details?
Below are some quick key points that will help employers understand the changes in the guidance:

• SCREENING EMPLOYEES FOR COVID-19 MUST BE JOB-RELATED AND CONSISTENT WITH BUSINESS NECESSITY

• ANTIBODY TESTING CANNOT BE REQUIRED BEFORE ALLOWING EMPLOYEES TO RE-ENTER THE WORKPLACE 

• COVID -19 TESTING MAY BE CONDUCTED FOR JOB APPLICANTS

• A JOB OFFER MAY BE WITHDRAWN AFTER AN EMPLOYEE TESTS POSITIVE FOR COVID-19 UNDER CERTAIN CONDITIONS
  

For more information, please see the links below:

Technical Assistance

FAQs

Article 1 – Article 2 – Article 3

What do employers need to do?
Employers should review the links provided above and may wish to review their current protocols regarding mandatory testing for entry to the workplace and ensure that they are consistent with the agency’s stated position.