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EEOC Clarifies Employer COVID-19 Testing

The U.S. Equal Employment Opportunity Commission (EEOC) added to the publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”, a technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.  The new question explains that businesses can’t require employees to take tests that detect COVID-19 antibodies without violating the Americans with Disabilities Act (ADA), answering a question left open when the Commission recently gave businesses the green light to test employees for the virus itself.  This information is provided in Q&A A.7. Please note that an antibody test is different from a test to determine if someone has an active case of COVID-19 (i.e., a viral test).  The EEOC has already stated that COVID-19 viral tests may be permissible under the ADA.

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