Dallas, TX asked in Employment Discrimination and Employment Law for Texas

Q: Are employers allowed to force and administer a Covid 19 test

2 Lawyer Answers

A: No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the employer be required to be physically present in a workplace or to come into contact with fellow employees or members of the public.

On the other hand, if you are working remotely from home and not required to come into contact with others, your employer probably cannot make testing a condition of continued employment.

A: No, but they can make it a condition of continued employment under many circumstances. If such a test is “job related and consistent with business necessity,” the employer can require a COVID-19 test as a condition of continued employment. This is largely being interpreted as meaning will the employee be required to be physically present in a workplace or to come into contact with fellow employees or members of the public.

On the other hand, if you are working remotely from home and not required to come into contact with others, your employer probably cannot make testing a condition of continued employment.

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