The U.S. Equal Employment Opportunity Commission and the New Jersey Civil Rights Division enforce these laws, not the New Jersey Department of Labor. See question K.1-K.7 of What You Need to Know About COVID-19 and the ADA, the Rehabilitation Act, and Other Equal Employment Opportunity Laws for more information on protection by the U.S. Equal Employment Opportunity Commission, and see www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/covid-19-faqs/ for more information about protections enforced by the New Jersey Division of Civil Rights. Until now, COVID-19 testing was allowed in the workplace without justification or assessment. Whether the time for a test is “working time” and whether employees need to be paid for the time likely depends on the extent to which the employer dictates “when, where and how” tests, Paul said. If an employer allows employees to take their tests anytime, anywhere, and says something like, “You just need to provide a recent negative test record,” then time and costs could be appropriately shifted to employees, he explained. The ADA requires that any mandatory medical testing of employees be “work-related and consistent with the needs of the business.” When applying this standard to the current circumstances of the COVID-19 pandemic, employers can take screening measures to determine whether employees entering the workplace have COVID-19 because someone with the virus poses a direct threat to the health of others. As a result, an employer may choose to test employees for COVID-19 before allowing them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others. The ADA does not interfere with recommendations from the CDC or other health authorities as to whether, when, and for whom testing or other screening is appropriate. Testing conducted by employers under current CDC guidelines meets the ADA`s “commercial necessity” standard. Employees can impose stricter vaccination or testing requirements on workers, including requiring more frequent testing.

“This change is not intended to indicate whether such testing is warranted or not,” the EEOC said. “Rather, the revised [guideline] recognizes that changing pandemic circumstances require an individual assessment by employers to determine whether such testing is warranted.” Yes. The EEOC guidelines state that an employer may choose to conduct COVID-19 testing on employees before initially allowing them access to the workplace and/or periodically to determine whether their presence in the workplace poses a direct threat to others. [Editor`s note: OSHA issued a temporary emergency standard on Nov. 4 that requires businesses with at least 100 employees to ensure their employees are vaccinated against the coronavirus or wear masks and COVID-19 tests at least once a week. Among other guidelines, the agency said employers are not required to pay for or provide COVID-19 tests unless required by state or local laws or union contracts. In addition, Executive Order 14043 requires that most federal employees and contractors be vaccinated and removes the testing alternative unless it can be provided as reasonable arrangements for limited exemptions from the order under anti-discrimination laws.] “Otherwise, the U.S. Department of Health and Human Services has this resource that lists free testing sites by state,” he said. Government requirements do not affect an employer`s ability to impose stricter vaccination or testing requirements on employees, including, for example, requiring all CDC-recommended booster doses, requiring more frequent testing, testing of vaccinated and unvaccinated staff, and mandatory vaccinations without alternative testing. Depending on the employee`s attitude, federal and local requirements may also apply.

You can get free COVID-19 tests at home. For more information: www.covidtests.gov/ The Federal Occupational Safety and Health Administration (“OSHA”) states that employers can test for SARS-CoV-2 in the workplace. According to OSHA, employers may consider implementing strategies to reduce workplace safety and health risks related to COVID-19, including testing for SARS-CoV-2.