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July 11, 2020
The Equal Employment Opportunity Commission (EEOC) has updated a previous pronouncement it issued earlier in the Coronavirus pandemic. The EEOC, relying on guidance from the CDC, stated on June 17 that employers cannot require COVID-19 antibody testing before permitting employees to re-enter the workplace. But, the EEOC reiterated that employers are still permitted to administer COVID-19 viral tests before allowing employees to return to the workplace.
In April, the Commission explained that under the ADA employers could administer COVID-19 viral testing—tests to detect the presence of the virus—because an employee with the virus would pose a direct threat to the health of others.
On June 17, the EEOC explained that the ADA dictated a different result for COVID-19 antibody testing. These tests are used to detect who had the virus in the past. Recent CDC guidance stated that the results of COVID-19 antibody tests “should not be used to make decisions about returning persons to the workplace.” Read More >