Employers can't require COVID-19 antibody tests, EEOC says

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Employers can't require COVID-19 antibody tests, EEOC says
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The Equal Employment Opportunity Commission says employers can't force workers to take COVID-19 antibody tests, but business leaders can require workers to take a viral test to determine whether they are actively infected.

Antibody testing can determine if a person’s blood shows signs of COVID-19 exposure.The Equal Employment Opportunity Commission made it clear that employers can't force workers to take COVID-19 antibody tests, as businesses begin grappling with how to safely reopen amid theThe federal group that enforces anti-discrimination laws said in a new post on Wednesday, however, that business leaders can require workers to take a viral test to determine whether they are actively infected.

The group also noted that employers can measure employees' body temperatures, a practice adopted amid the pandemic by companies such asPhysician John Jones, D.O. tests administrative assistant Morgan Bassin for the coronavirus disease at One Medical in Scottsdale, Arizona, June 17, 2020. Physician John Jones, D.O. tests administrative assistant Morgan Bassin for the coronavirus disease at One Medical in Scottsdale, Arizona, June 17, 2020."An antibody test constitutes a medical examination under the ADA," the commission wrote, referring to the Americans with Disability Act, noting that currently antibody tests do not meet the ADA's"job related and consistent with business necessity" standards for employee medical examinations.

"The EEOC will continue to closely monitor CDC's recommendations, and could update this discussion in response to changes in CDC's recommendations," the group said.

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