(From Venable LLP) Employers cannot require their workers to take antibody tests before returning to the office, according to new guidance from the Equal Employment Opportunity Commission. Consistent with the CDC’s Interim Guidelines, the EEOC has determined an antibody test is not “job related and consistent with business necessity”, and therefore, any such testing required by an employer violates the ADA. However, other mandatory medical inquiries remain permissible in the eyes of the EEOC, including temperature checks, medical questionnaires, and viral tests for COVID-19. In light of this development, employers that have recently considered mandatory antibody testing should reevaluate their other options for determining who may return to a job site, according to Venable LLP.
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