The EEOC has issued welcome guidance for employers who are seeking to take all steps necessary to eradicate the virus from their facilities. This guidance is of particular importance for employers in seniors housing, assisted living, nursing homes and other health care related fields. 

On April 23, the EEOC updated its COVID-19 guidance, expressly stating that employers can require employees to participate in COVID-19 testing before they are allowed to enter the workplace, even if they do not exhibit symptoms of the virus. This guidance signals to employers that mandatory COVID-19 testing, when carried out in accordance with the requirements of the guidance, will likely not run afoul of the Americans with Disabilities Act (ADA). Previously, the EEOC stated that employers could screen for COVID-19 symptoms by taking the body temperature of employees, but had not addressed mandatory COVID-19 testing.  More