The legal landscape continues to shift rapidly during the COVID-19 pandemic.  As we reported here and here, Equal Employment Opportunity Commission (“EEOC”) guidance allows employers to require employee temperature checks, as well as worker testing aimed at detecting COVID-19, even though such testing by an employer would ordinarily raise issues under the Americans with Disabilities Act.  Daily temperature screening can be one tool to help stop the spread of COVID-19, as can be testing for COVID-19 when the circumstances warrant a more aggressive approach.  However, the EEOC has issued further guidance clarifying that while employers may continue to test for COVID-19 itself, employers may not test for COVID-19 antibodies.  The guidance says that antibody tests are not “job related and consistent with business necessity,” and therefore cannot be used as a basis for allowing employees to return to work or as a proxy for COVID-19 immunity.

For specific guidance on COVID-19 testing and workplace safety measures, please contact us.

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Photo of Chris Wall Chris Wall

Chris Wall is a trial lawyer, managing all phases of litigation, including trials and appeals in state and federal courts as well as arbitrations and administrative proceedings. He uses insights from litigation to provide his clients with strategic advice on how to avoid…

Chris Wall is a trial lawyer, managing all phases of litigation, including trials and appeals in state and federal courts as well as arbitrations and administrative proceedings. He uses insights from litigation to provide his clients with strategic advice on how to avoid litigation before it starts and resolve disputes in the most cost-effective manner. He works with businesses to navigate a wide variety of matters including labor issues, wage & hour, wrongful termination, and discrimination claims. Chris draws on his experience as a judicial extern to the Honorable John Coughenour, as a law clerk for the Alaska Supreme Court, and in commercial and environmental litigation to meet the needs of his clients.

Click here for Chris Wall’s full bio.

Photo of Karin Jones Karin Jones

Karin Jones provides practical advice to employers regarding a wide variety of workplace and personnel issues and helps employers minimize the risk and impact of workplace problems.  When litigation arises, she represents employers before administrative agencies and the state and federal courts.  Karin…

Karin Jones provides practical advice to employers regarding a wide variety of workplace and personnel issues and helps employers minimize the risk and impact of workplace problems.  When litigation arises, she represents employers before administrative agencies and the state and federal courts.  Karin has experience representing employers in disputes involving discrimination, harassment, reasonable accommodation, employee family and medical leave, wage and hour claims, workplace safety (WISHA/OSHA), and whistleblower complaints, among other workplace issues.

Click here for Karin Jones’ full bio.