Website Maintenance Alert: Due to server maintenance, 2022 publications are temporarily unavailable.

Publications And Memoranda

Utilize our research library to understand issues, answer questions, and manage risk.

Checklists, Guides, and Templates

Save time and money with our expanding collection of practical templates, checklists, and guides.

Policy/Form/Notice Templates

Use our templates to develop and update your compliance policies, forms, and notices.

State and Local Compliance

Manage state and local compliance with our online map, resources, and dedicated member community.

Presentation/Briefing Templates

Download short slide presentations that help explain, address, and answer common compliance and diversity issues.

Resources

Research and implement effective workplace compliance, DEI, and risk-management programs.

Resource Advanced Search

CWC's advanced resource search tool

Key Topics

EEOC Says Employers Can't Require Employees to Undergo Antibody Testing

Today, the EEOC added a new question and answer to its guidance What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws addressing whether employers can require employees to get antibody testing before returning to the workplace. According the the EEOC, such a requirement would violate the Americans with Disabilities Act (ADA) because at this time antibody tests do not meet the ADA's "job related and consistent with business necessity" standard for medical examinations or inquiries. This is in contrast to tests for COVID-19, which the EEOC has said are currently permissible.

The EEOC also notes that the Centers for Disease Control has issued Interim Guidelines for COVID-19 Antibody Testing. According to this guidance, antibody test results should not be used to make decisions about returning persons to the workplace.

© 2024 Center for Workplace Compliance (CWC™). All rights reserved. Formerly EEAC. No part of this document may be reproduced without permission of CWC. This resource is intended for the exclusive use of CWC’s members. Any sharing, copying, exchanging, repurposing, reproduction, or assignment of CWC’s resources or other copyrighted materials to any party outside of a CWC member organization in good standing without the express written consent of CWC is strictly prohibited. If you have questions about your membership status or becoming a CWC member, please contact us at info@cwc.org or 202-629-5655.