In this new pandemic world, employers are grappling with many questions. One of them is when can they require employees to provide the results from any COVID-19 tests that they have taken, in the context of granting leave and returning to work.
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COVID-19 Antibody Testing: Useful Screening Tool or Impermissible Medical Examination?
As the United States still struggles with testing capacity for active COVID-19 infections, employers are increasingly asking “may we require our employees be tested for the presence of COVID-19 antibodies?” This is particularly true following the Equal Employment Opportunity Commission’s position that employers were permitted to test for the presence of active COVID-19 infection, set forth in its What You Should Know About COVID-19 resource (Q&A 6).
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The EEOC Weighs in on COVID-19
The Equal Employment Opportunity Commission has now directly addressed the coronavirus (COVID-19) outbreak by issuing “What You Should Know About the ADA, the Rehabilitation Act and the Coronavirus.” In this release, the EEOC noted that the rules under the Americans with Disabilities Act and the Rehabilitation Act (the counterpart to the ADA for federal employees and contractors) still apply, but do not interfere with workplace guidance from the Centers for Disease Control (CDC) (which we discussed in detail in our February 2020 Top Tip).
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