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  • Employers Can’t Require COVID-19 Antibody Testing

     JESSICA MULHOLLAND  JUNE 19, 2020
     

    As California’s economy continues to reopen, and workplaces start allowing employees to re-enter, the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance, stating that employers may not require employees to take COVID-19 antibody testing to return to the workplace. 

    The COVID-19 antibody test (also known as a serology test) screens a person’s blood for antibodies, which the body would have made if it fought the COVID-19 infection. The antibody test doesn’t check for the virus itself — it’s only looking to see if a person’s immune system has responded to the infection.

    In a newly-added question, the EEOC explains that in light of current Interim Guidelines from the U.S. Centers for Disease Control and Prevention (CDC) that say antibody test results “should not be used to make decisions about returning to the workplace,” the Americans with Disabilities Act (ADA) doesn’t currently allow employers to require antibody testing before permitting employees to re-enter the workplace.  Read More