In the wake of issuing new guidance on algorithmic decision-making and validating a third gender for purposes of employment discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) has also updated its guidance regarding COVID-19 workplace viral screening testing. Originally, the agency claimed its position was governed by compliance with the standard for conducting medical examinations established for the Americans with Disabilities Act (ADA). Under their new guidance, released last week as an update to its Technical Questions on COVID, the ADA and others, EEOC now provides that an employer, as a mandatory screening measure, may administer a COVID-19 viral test “if the employer can show it is job-related and consistent with business necessity.” In determining whether the business necessity standard is met, the agency advises that the employer consider such factors as the level of community transmission, the vaccine status of the employees, the accuracy and speed of different types of COVID viral tests and the potential impact on operations if an employee goes to work with COVID, among other factors.