Q: Are employers permitted to require employees returning to the workplace to have an antibody test?

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The EEOC has addressed in FAQ #7 that antibody testing is not permitted under the ADA since this constitutes a medical exam and does not meet the ADA’s definition of “job related and consistent with business necessity” based on the CDC’s interim guidelines.

As previously addressed in FAQ #6, employers can require a COVID-19 testing upon entrance to the workplace under the ADA.

Employers may want to access the following resources for COVID-19 and the ADA:

EEOC’s Frequently Asked Questions for ADA, the Rehabilitation Act and Other EEO Laws

List of Updated FAQ by EEOC since March 18, 2020

Pandemic Preparedness in the Workplace and the ADA

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