According to CDC’s Interim Guidelines, antibody test results “should not be used to make decisions about returning persons to the workplace”. Requiring antibody testing before allowing employees to re-enter the workplace is not allowed under the Americans with Disabilities Act (ADA).

An antibody test at this time does not meet the ADA’s requirement that medical examinations or inquiries must meet the standard of being “job related and consistent with business necessity”.

It is important to note that antibody testing is different from testing to determine whether a person has an active case of COVID-19, such as a viral test, which the Equal Employment Opportunity Commission (EEOC) has declared as permissible under the ADA.

Source: EEOC