While temperature tests and other tests for Covid-19 continue to be permissible in ascertaining whether an employee may return to work, the EEOC has amended its Technical Assistance Questions and Answers, addressing what COVID-19 testing employers are allowed to require. Currently the EEOC has opined that the ADA does not allow employers to require antibody testing for the virus before allowing employees to re-enter the workplace. This decision was based on the CDC guidelines which have indicated that it is unclear at this time whether a positive antibody test indicates that a person has decreased transmissibility or immunity. Employers therefore are instructed that they should not use these tests to make decisions about returning employees to the workplace. Though this is an ever evolving situation and therefore subject to change, based on the current directive the EEOC does not believe that an antibody test meets the ADA’s standard for being “job related and consistent with business necessity.” For this reason, it is not a permissible medical inquiry for a current employee. For more information please see:
https://www.eeoc.gov/coronavirus