Asked in Employment Discrimination for Michigan

Q: Employer is forcing non vaccinated employees to be tested weekly, but not those who have had the shots can they do this

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1 Lawyer Answer
Michael Zamzow
PREMIUM
Michael Zamzow
Answered
  • Employment Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Probably.

The State of Michigan in its COVID-19 Employment FAQ has said "Employees may be asked by employers to provide proof of a positive result or exposure. This may include documentation or making an effort to get tested for COVID-19. These are examples of reasonable requests."

And, the EEOC has said in its advisory: "[E]mployers 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."

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