Earlier in June, the Equal Employment Opportunity Commission (EEOC) issued new guidance concerning the use of COVID-19 antibody testing. Relying on the Centers for Disease Control and Prevention’s (CDC) interim guidelines, the EEOC affirmatively stated employers cannot require COVID-19 antibody testing before permitting employees to reenter the workplace.
Antibody Test Is a Medical Exam
The CDC’s interim guidelines state that antibody test results “should not be used to make decisions about returning persons to the workplace.” The EEOC stated that an antibody test constitutes a medical examination under the Americans with Disabilities Act (ADA), which are only appropriate when they are “job-related and consistent with business necessity.”
