Business Recovery COVID-19 Testing.

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As workers are being brought back to work, employers are asking more questions about requirements they can make for COVID-19 testing, both onsite and offsite. Some questions have included: requiring employees to report results of any individual testing the employee has had.

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• Diagnostic Testing. Previously TAG discussed the EEOC’s technical assistance publication addressing questions about COVID-19 that have arisen under the Federal Equal Employment Opportunity Laws. The publication included a statement indicating that businesses can test employees for COVID-19 before allowing them to enter a worksite without running afoul of the Americans with Disabilities Act. Additionally, because it is a reportable disease, employers can require that employees report offsite positive test results.

• Antibody Testing. Because questions remain on the immunity conferred by having had COVID-19, the results from antibody testing are not straightforward. While the antibody tests will show that an immune response occurred, as we’ve discussed previously, the results does not alert to if or how long an individual will be immune to COVID-19. Employers could offer voluntary testing or ask that offsite testing be reported, but TAG recommends that employers visit the EEOC site or consult with a legal counsel prior to. Additionally, because of the lack of evidence of immunity, companies should know what they will do with antibody testing results, as it can cause more risk than good. (See “Should I Use Antibody Tests as a Wellness Screening Tool?” in TAG’s COVID-19 FAQs/Guidance for Employees and Businesses.)

 

For assistance with questions on testing and other COVID-19 recovery practices and policies, give TAG a call.