Back to News

EEOC Allows Employers to Test Employees for COVID-19

Published on

April 24, 2020

The Equal Employment Opportunity Commission said this week that once companies start reopening their businesses, employers can choose to test employees for COVID-19.

The agency wrote in a guidance letter issued Thursday that “employers may take steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus.”

The EEOC cautioned that employers need to ensure the tests are accurate and reliable. Employers should check with the Food and Drug Administration, the Centers for Disease Control and Prevention and other public health authorities to determine if the test is safe and accurate. 

Employers should contract with companies to perform the testing or train specific employees on how to conduct the testing consistent with guidelines set by the FDA and CDC. With the expected demand for testing kits and the scarcity of companies that have the ability to perform the test, employers who will choose to test employees should begin making arrangements immediately regardless of when their physical locations will be ready to open.

All test results should be confidential and kept in the employee’s medical file, not their personnel file.

If anyone has any questions on this new guidance from the EEOC, please contact me or any member of the Barley Snyder Employment Practice Group.


Related News

View More News
Press Release
September 29, 2026

Barley Snyder Partner Jeff Lobach Receives Lifetime Advocate Award from Pennsylvania Immigration Resource Center

For Immediate Release York, Pa. — Barley Snyder is proud to share that partner Jeff Lobach received the Lifetime Advoca...

Learn More
News Alert
September 28, 2026

NLRB Clarifies Standard for Employee Misconduct During Protected Activity

The National Labor Relations Board (NLRB) has restored a more employer-friendly rule for evaluating employee misconduct that ...

Learn More
Press Release
September 16, 2026

Barley Snyder Partner Michael Crocenzi Named “Lawyer of the Year” in Employment Law – Management by Best Lawyers

For Immediate Release York, Pa. – Barley Snyder partner Michael J. Crocenzi has been named a “Lawyer of the Year&#...

Learn More

Other Upcoming Events

View All Upcoming Events
Oct
06
2:30 pm
-
6:00 pm
event
Location

2026 York Business Seminar

Learn More
Oct
27
2:30 pm
-
6:00 pm
event
Location

2026 Lancaster Business Seminar

Learn More
Oct
22
2:30 pm
-
6:00 pm
event
Location

2026 Reading Business Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers