Covid-19 Immunity Tests Are Dangerous Territory for Employers

Employers weighing whether to require Covid-19 antibody tests as part of their return-to-work plans received a powerful warning from the EEOC that the newly developed tests could give rise to a novel form of discrimination—reinforcing the counsel of a growing body of lawyers and civil rights advocates.

The Equal Employment Opportunity Commission advised that at this point antibody tests violate prohibitions on medical testing under the Americans with Disabilities Act, the central federal law preventing discrimination based on disability. The agency aligned its guidance with that of the Centers for Disease Control and Prevention, which said the testing methods can ...