Employers Cannot Use Antibody Testing for Return to Work

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Guidance issued by The U.S. Equal Employment Opportunity Commission (EEOC) clarifies that requiring antibody testing before allowing employees to re-enter the workplace is not allowed under the Americans with Disabilities Act (ADA). In short, an antibody test at this time does not meet the ADA’s “job related and consistent with business necessity” standard for medical examinations or inquiries for current employees. In contrast, a test to determine if someone has an active case of COVID-19 (i.e., a viral test) is  permissible under the ADA.
More Return to Work Guidance here