The EEOC has issued guidance that employers can require COVID-19 tests and vaccines as a condition of working. However, employers cannot require antibody tests. Disabled employees who cannot take the test or vaccine are exempt, and employers are required to work with the employee to find a reasonable accommodation. The EEOC has also found that employers can offer incentives to employees to confirm their vaccination but are encouraged to keep in mind that certain demographic groups face barriers to getting the vaccine. Learn more here.
On June 10, 2021, under President Biden’s executive order, OSHA released COVID-19 Emergency Temporary Standards for health care workers. The standards require employers only to take action when suspected or confirmed COVID-19 patients are being treated. Learn more here.