Ollis/Akers/Arney Q&A

Q & A: COVID-19 Testing on Employees Returning to Work

Q: May an employer administer a COVID-19 test on employees prior to their entering the workplace?

A: Yes.  The ADA (Americans with Disabilities Act) requires that medical tests be “job related and consistent with business necessity”.  Because allowing an employee who has COVID-19 enter the workplace could pose a threat to other employees, COVID-19 testing is permissible.

Q: May an employer require antibody testing prior to an employee entering the workplace?

A: No.  An antibody test is different than a test to determine if an individual is currently infected with COVID-19.  Therefore, the antibody test does not meet the “job related and consistent with business necessity” requirement of the ADA and cannot be required prior to an employee entering the workplace.

For more information, visit What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws.