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Compliance News

EEOC: Employers Cannot Require Antibody Testing

The Equal Employment Opportunity Commission this week updated its technical assistance question-and-answer document to clarify that, under the Americans with Disabilities Act, an employer cannot require antibody testing before permitting an employee to re-enter the workplace.

The EEOC noted that the Centers for Disease Control and Prevention does not recommend that antibody testing be used to determine a person’s fitness to return to the workplace. Consequently, the EEOC concluded that the use of antibody testing does not meet the ADA’s “job-related and consistent with business necessity” standard for use of medical examinations or medical inquiries of current employees. To avoid confusion, the EEOC reiterated its conclusion that employers may conduct a viral test to determine if an employee has an active case of COVID-19. For more information, contact ABA’s Jonathan Thessin.