Antibody Tests Cannot Be Required From Employees to Return to Work; Other New Covid-19 Guidance Issued

August 3, 2020
Amy R. Patton & Rana Ayazi - Payne & Fears

The Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for employers. The new guidance explains that antibody tests cannot be required from employees to re-enter the workplace, addresses when an employee may receive an alternative symptom screening check as a disability or religious accommodation, reminds employers that actions taken based on their benevolent concerns about older workers, pregnant workers, and child caregivers may be discriminatory, and reiterates the employer’s obligation to prevent harassment against employees who are or are perceived to be of Chinese or other Asian national origin.

The Centers for Disease Control and Prevention (CDC) has also released guidance on contact tracing for government contract tracers. The guidance includes material that private employers might find helpful in contact tracing within their workforce.

Reprinted courtesy of Amy R. Patton, Payne & Fears and Rana Ayazi, Payne & Fears
Ms. Patton may be contacted at
Ms. Ayazi may be contacted at


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