EEOC Again Updates COVID-19 Guidance To Address Antibody Testing

Volume: 19 | Issue: 34

June 18, 2020

On June 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued another update to its COVID-19 Guidance to address antibody testing (at Question A7). The EEOC takes the position that the Americans with Disabilities Act does not allow employers to require antibody testing before allowing employees to return to work. The EEOC stresses that a COVID-19 test to determine whether someone currently has the coronavirus is permissible, while a test to determine whether someone has antibodies to COVID-19 is not permissible

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.

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