| Covid-19 | Jun 18, 2020

EEOC Prohibits Employers from Requiring COVID-19 Antibody Testing Before Re-Entering the Workplace

EEOC updated their technical assistance questions and answers, prohibiting employers from requiring COVID-19 antibody testing before allowing employees to return to the workplace. Under the Americans with Disabilities Act (ADA), antibody testing constitutes a medical examination; citing the CDC guidance that antibody testing “should not be used to make decisions about returning persons to the workplace,” the EEOC explains antibody testing does not meet the ADA’s “job related and consistent with business necessity” standard for medical examinations or inquiries for current employees. Viral tests, however, are permissible under the ADA.