On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its guidance on COVID-19 and its relevance to Equal Employment Opportunity Laws. The latest revision reflects updated CDC guidance on antibody testing, which stated that antibody tests “should not be used to make decisions about returning persons to the workplace.”
The EEOC’s guidance says that the Americans with Disabilities Act (ADA) does not permit employers to require antibody testing as a condition for allowing employees to re-enter the workplace. EEOC will continue to monitor CDC recommendations and could update this guidance if CDC recommendations regarding antibody tests change.
Join our LinkedIn discussion group, COVID-19 HSE Red-on-line Experts Forum, to share your experiences and best practices relative to the novel coronavirus with fellow EHS professionals and the Red-on-line team.