Workplace Antibody, Viral and Temperature Tests
Can Employers require these tests?
On June 17, 2020 the Equal Employment Opportunity Commission (EEOC) clarified how employers may screen workers for COVID-19. If an organization decides to utilize any or all the tests make sure COVID-19 testing is implemented consistently, stay within EEOC guidelines and follow U.S. Centers for Disease Control and Prevention (CDC) recommendations.
Antibody tests show whether someone once had COVID-19. An antibody test is different from a test to determine if someone has an active case of COVID-19 (i.e., a viral test). The CDC has said that antibody tests shouldn't be used to make decisions about returning individuals to the workplace, and the EEOC adopted the CDC's recommendation. The EEOC clarified on June 17, 2020 that the Americans with Disabilities Act (ADA) prohibits mandatory antibody testing before allowing employees to return to the workplace.
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