Rethink your COVID testing requirements in light of new EEOC guidance.

Throughout the pandemic, employers could be confident that it was generally legal to require employees to be tested for COVID as a condition of employment.

But while you were trying to enjoy a quiet summer, the EEOC went ahead and issued new guidance that "upends this long-held principle and will require employers to rethink whether to require COVID testing," says a Foley & Lardner law firm report.

The EEOC says your organization's ability to conduct COVID testing and screening will now depend on whether that decision is "job-related and consistent with business necessity." Previously, the EEOC said testing was generally permissible for on-site employees.

This new standard means employers could have to monitor often-shifting guidelines from the CDC and various health authorities to make the testing-mandate decision. Among the issues you'll now have to consider are the: * Percentage of your staff vaccinated against COVID

* Current level of...