FIRST PUBLISHED ON 04.24.2020 – The U.S. Equal Employment Opportunity Commission (EEOC) has updated its Technical Assistance Guidance to clarify that employers may administer and/or require COVID-19 testing as a gateway mechanism before allowing employees to return to the workplace without violating the American with Disabilities Act. Screening workers for health risks is one way for businesses to meet their legal responsibility to provide employees with a safe workplace and to potentially isolate employees that carry the virus but are asymptomatic from infecting others. However, as cautioned by the EEOC, testing only confirms whether the virus is currently present. Employees may still acquire the virus after testing, requiring ongoing compliance with the employer’s existing infection control practices to protect workers. MORE.