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Employers Cannot Mandate COVID-19 Antibody Tests for Employees

June 18, 2020

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance stating that employers cannot require employees to take COVID-19 antibody tests. According to the EEOC, an antibody test is a medical examination under the Americans with Disabilities Act (ADA) and it “does not meet the ADA’s ‘job related and consistent with business necessity’ standard for medical examinations or inquiries for current employees.” The EEOC also cited recent guidance from the Centers for Disease Control & Prevention that antibody tests should not be used as a condition for allowing employees back to work.

However, the EEOC confirmed that administering viral tests to determine if employees are actively infected with COVID-19 before letting workers back on a job site is permissible under the ADA.

If you have any questions or need assistance, please contact a Richards, Layton & Finger Labor and Employment attorney.

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