The U.S. Equal Employment Opportunity Commission (“EEOC”) released new guidance on performing antibody testing in response to the Coronavirus Disease 2019 (“COVID-19”). This guidance states that employers should not require antibody testing prior to permitting employees to return to the workplace.
The EEOC stated that an antibody test constitutes a medical examination under the Americans with Disabilities Act (“ADA”). Following the CDC’s Interim Guidelines, which stated that antibody test should not be used to make decisions about returning persons to the workplace as it has a potential for false positives, the EEOC determined that antibody testing does not meet the ADA’s “job related and consistent with business necessity” standard. Therefore, requiring antibody testing before allowing employees to return to the workplace is not permitted under the ADA. You may read the EEOC guidance here and CDC guidelines here.
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If you have questions about how to comply with this new guidance, contact the experts at The Saqui Law Group, a division of Dowling Aaron Incorporated.
By: The Saqui Law Group and Christina Anton