The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 42 U.S.C. 12112(d), 12113(b); 29 C.F.R. 1630.2(r), 1630.14
- Issued
- 2020-12-16 Dec. 16, 2020
- Effective
- 2020-12-16
- End
- superseded May 28, 2021 (Ex. DUT-FED-071) (read as 2021-05-28)
- In force
- Dec. 16, 2020 to May 28, 2021
- Quarters
- 2020 Q42021 Q12021 Q2
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesVaccination or testingQuarantine and isolation
- Addressees
- Character
- agency guidance permissive
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening 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 initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.
Penalty
none; defines what the ADA permits
What it required
Permissive: the EEOC's confirmation, through 2021Q2, that screening, testing, exclusion of symptomatic employees and (from December 16, 2020) vaccination requirements subject to accommodation were consistent with the ADA because COVID-19 met the direct-threat standard. Character as recorded: agency_guidance_permissive ('may').