The Equal Employment Opportunity Commission (EEOC) published an update on June 17th that prohibits employers from requiring Covid-19
antibody
testing for employees returning to the work.
Based on this update, businesses that are thinking about considering mandating testing as part of their comprehensive Covid-19 return to work policy need to depend solely on viral marker tests (active case of C-19).
From the EEOC update:
“In light of CDC’s
Interim Guidelines
that antibody test results ‘should not be used to make decisions about returning persons to the workplace,’ an antibody test at this time does not meet the ADA’s “job related and consistent with business necessity” standard for medical examinations or inquiries for current employees. Therefore, requiring antibody testing before allowing employees to re-enter the workplace is not allowed under the ADA.
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).
How does non-essential workforce Covid-19 testing work?
Employers can compel viral marker testing based on their policy for employees who are shown to be symptomatic or exposed.
Furthermore, a potentially exposed employee should also be removed from work until testing is completed.
What should I do if an employee tests positive for a viral marker?
An employee that tests positive for Covid-19 should not be allowed to return back to work until they have completely cleared the infection and are no longer infectious.
What else should an employer think about to support a safe return to work policy?
First off, please remember to have your policy address these best practices as recommended by the CDC:
To prevent and reduce transmission among employees
• Actively encourage sick employees to stay home
• Consider conducting daily in-person or virtual health checks (e.g., symptom and/or temperature screening) of employees before they enter the facility
• Immediately separate and send home sick employees who appear to have symptoms upon arrival at work or who become sick during the day
• Educate employees about steps they can take to protect themselves at work and at home
• Implement flexible sick leave and protect employees at higher risk for severe illness through supportive policies and practices
• Establish policies and practices for social distancing
• Provide everyone who enters your jobsite what they need to clean their hands and cover their coughs and sneezes
• Minimize risk by not allowing employees to gather around each other during the workday
You can get a full list of these protective measures by accessing the link to the CDC website below: