EEOC Issues New Guidance that Under ADA, Antibody Test Results Cannot Be Used to Make Decisions About Individuals Returning to the Workplace

In The News

EEOC issued new guidance on June 17, 2020, that under ADA an employer cannot require antibody testing before permitting employees to re-enter the workplace. An antibody test constitutes a medical examination under the ADA. EEOC explains that in light of CDC’s interim Guidelines that antibody test results should not be used to make decisions about returning individuals to work, an antibody test at this time does not meet the ADA’s job related and consistent with business necessity standards for medical examinations or inquiries for current employees. Tests for determining if a person has an active case of COVID-19 is permissible under the ADA, however. To view EEOC’s guidance, visit:

Category: In The News