1. Can we require employees to be tested for COVID-19?
“Yes,” asserted Eric Mackie, an attorney with Ogletree Deakins in Chicago, and Viviane Scott, an attorney with Frankfurt Kurnit in New York City. Employers covered under the Americans with Disabilities Act (ADA) can require their employees to be tested for COVID-19 if the testing is “job-related and consistent with business necessity,” they wrote in a joint e-mail, although they cautioned that employers should confirm that no state or local law prohibits them from requiring employee testing.
