Bloomberg Law
June 17, 2020, 7:09 PMUpdated: June 17, 2020, 8:19 PM

Workplace Antibody Tests Can’t Be Required, EEOC Says (1)

Paige Smith
Paige Smith

Federal disability law doesn’t allow employers at this time to require coronavirus antibody testing before employees return to work, according to the Equal Employment Opportunity Commission.

The civil rights agency’s latest guidance falls in line with advice from the Centers for Disease Control and Prevention, which had said the tests shouldn’t be used to “make decisions about returning persons to the workplace.” The presence of antibodies in a test can’t be equated with a worker’s immunity from Covid-19, the CDC guidance said.

The EEOC has, however, allowed employers to test workers for Covid-19 under the Americans with Disabilities Act. ...

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