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The Predictable Unpredictability of COVID-19 Antibody Testing

Can I test my employees for COVID-19? Over the course of the last few months, it feels like the answer to that question has been Yes, No, and It Depends. And maybe all three at the same time. In fact, if you look at my post from April 2020, you’ll see the differences in the guidance between then and, as I’ll explain below, now. Quite simple, with more science, we’re starting to get greater clarity on what testing is permissible for employees. For antibody testing, the CDC recently updated its interim guidance to state that antibody test results “should not be used to make decisions about returning persons to the workplace.” Antibody testing, as it turns out, is not yet the panacea yet that many were hoping for. As a result, on June 17, 2020, the EEOC  also updated its guidance on whether antibody testing could be used by employers as a condition of permitting employees to return to the workplace. The short answer is “No”, it cannot be used...