{"id":10778,"date":"2026-05-25T05:35:48","date_gmt":"2026-05-25T05:35:48","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/cdc-issues-interim-guidelines-for-covid-19-antibody-testing\/"},"modified":"2026-05-25T05:35:48","modified_gmt":"2026-05-25T05:35:48","slug":"cdc-issues-interim-guidelines-for-covid-19-antibody-testing","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/cdc-issues-interim-guidelines-for-covid-19-antibody-testing\/","title":{"rendered":"CDC Issues Interim Guidelines for COVID-19 Antibody Testing"},"content":{"rendered":"\n<div id=\"contentSummaryCollapse\" style=\"--intro-p-height: 10.3125rem;\">\n<div class=\"inner-collapse\">\n<p>June 17, 2020 Update. On June 17, 2020, the U.S. Equal Employment Opportunity Commission (the \u201cEEOC\u201d) updated its technical assistance bulletin entitled \u201c<a href=\"https:\/\/www.eeoc.gov\/wysk\/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws?utm_content=&amp;utm_medium=email&amp;utm_name=&amp;utm_source=govdelivery&amp;utm_term=\" rel=\"nofollow noopener\" target=\"_blank\">What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws<\/a>\u201d in light of the CDC\u2019s recent guidance that antibody test results \u201cshould not be used to make decisions about returning persons to the workplace.\u201d The updated EEOC guidance states that, at this time, antibody tests do not meet the Americans with Disabilities Act\u2019s (the \u201cADA\u201d) \u201cjob related and consistent with business necessity\u201d standard for medical examinations or inquiries for current employees and, therefore, requiring antibody testing before allowing employees to re-enter the workplace is not allowed under the ADA.\u00a0<br \/>\u00a0<\/p>\n<p>*\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 *\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 *<\/p>\n<p>On May 27, 2020, the U.S. Centers for Disease Control and Prevention (the \u201cCDC\u201d) issued interim guidelines for COVID-19 antibody testing. While this guidance is primarily intended for healthcare providers, clinical laboratory professionals, and public health officials, the interim guidelines also include information relevant to employers as they consider whether and to what extent to use antibody testing in their reopening plans.\u00a0<br \/>\u00a0<br \/>The interim guidelines explain that, although the presence of anti-SARS-CoV-2 antibodies when detected using a reliable testing method \u201clikely indicates at least some degree of immunity,\u201d it cannot be assumed that individuals with positive antibody test results are protected from future infection \u201cuntil the durability and duration of immunity is established.\u201d To that end, \u201cadditional data [is] needed before modifying public health recommendations based on serologic test results, including decisions on discontinuing physical distancing and using personal protective equipment.\u201d\u00a0<br \/>\u00a0<br \/>As a result, the CDC\u2019s interim guidelines state that, at this time:<\/p>\n<ul>\n<li>Employers should not use antibody tests to make decisions about returning persons to the workplace.<\/li>\n<li>Antibody tests should not be used to make decisions about \u201cgrouping persons residing in or being admitted to congregate settings,\u201d including schools, dormitories, or correctional facilities.<\/li>\n<\/ul>\n<p>\u00a0<br \/>The CDC will continue to update its recommendations on the use of antibody tests \u201cto determine protective immunity and infectiousness among persons recently infected with SAR-CoV-2\u201d as new information becomes available.<\/p>\n<p>In light of current CDC guidance on antibody testing, the EEOC has made clear that, at this time, antibody tests do not meet the ADA\u2019s \u201cjob related and consistent with business necessity\u201d standard for medical examinations or inquiries for current employees and, therefore, requiring antibody testing before allowing employees to re-enter the workplace is not allowed under the ADA.\u00a0However, as discussed in our previous memorandum, EEOC Releases Updated Guidance to Employers Regarding ADA-Compliant Practices During the COVID-19 Crisis, the CDC has issued specific guidance for employers on potential mechanisms to prevent the spread of COVID-19 in the workplace, including the use of certain screening methods, such as temperature checks and COVID-19 testing. In addition, our memorandum COVID-19\u2014Return-to-Work Considerations for Employers, contains information about other considerations for employers as they develop plans to reopen workplaces.<br \/>\u00a0<\/p>\n<\/p><\/div>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>June 17, 2020 Update. On June 17, 2020, the U.S. Equal Employment Opportunity Commission (the \u201cEEOC\u201d) updated its technical assistance bulletin entitled \u201cWhat You Should Know About COVID-19 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":10779,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[8030,7320,500,4747,8029,2684,2534],"class_list":["post-10778","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-lawyers","tag-antibody","tag-cdc","tag-covid19","tag-guidelines","tag-interim","tag-issues","tag-testing"],"_links":{"self":[{"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/posts\/10778","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/comments?post=10778"}],"version-history":[{"count":0,"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/posts\/10778\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/media\/10779"}],"wp:attachment":[{"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/media?parent=10778"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/categories?post=10778"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/usatrustedlawyers.com\/blog\/wp-json\/wp\/v2\/tags?post=10778"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}