EEOC Leans On CDC To Reject Antibody Testing In Employer Return-To-Work Programs

In its COVID-19 Q&A guidance, the EEOC has concluded that, while an employer may require reliable virus testing as part of its workplace screening procedures, COVID-19 antibody tests are not similarly permissible, at least for the time being. The Americans with Disabilities Act (the “ADA”) restricts employers’ ability to conduct medical examinations of their employees, unless those examinations are both “job-related and consistent with business necessity.” ......<BR />By: <a href="https://www.jdsupra.com/profile/vinson_elkins/">Vinson & Elkins LLP</a>

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