On April 23, 2020, the Equal Employment Opportunity Commision (EEOC) guidance came out in support of allowing mandatory medical testing for Covid-19. The new guidance allows employers to administer a Covid-19 test before permitting employees to enter the workplace. The American Disabilities Act (ADA) requires that any mandatory medical test of employees be "job related and consistent with business necessity." This guidance is in accordance with the ADA because an employee with the virus will pose a direct threat to the health of others, therefore a test to determine if someone has the virus is permitted. This guidance, however, only allows for molecular, or nose swab tests, not serology, or antibody tests. Not only do the molecular tests diagnose current illness, they are considered reliable and accurate according to the FDA standards, which the antibody tests do not currently satisfy. At this time, EEOC guidelines seem to include mandatory molecular tests while excluding mandatory serology tests.

Here Comes Mandatory COVID-19 Testing by Employers (But Not for Antibodies) | Blogs | Coronavirus Resource Center | Foley & Lardner LLP

For all the time and effort spent on temperature checking and other anecdotal inquiries for COVID symptoms-and with all its inherent uncertainty given questions about the timing of COVID-19 onset -new Equal Employment Opportunity Commission (EEOC) guidance has come out, green lighting mandatory medical testing for COVID-19.