CDC Weighs in on COVID-19 Antibody Testing

In a post from last month, we discussed what employers need to know about COVID-19 antibody testing.  Antibody testing, also known as serology testing, has been viewed as a key tool in lifting government closure orders, as such testing identifies whether an individual has had COVID-19 (i.e., whether he/she has antibodies to the virus).  As we noted, although employers may legally require employees to undergo such testing under the Americans With Disabilities Act (“ADA”), there were a number of practical concerns regarding the accuracy of existing tests.  The U.S. Equal Employment Opportunity Commission, in particular, cautioned employers of their duty to ensure that antibody tests were “accurate and reliable” and consider the relatively high incidence of false-positive and/or false-negative results associated with such tests.

Earlier this week, the U.S. Centers for Disease Control and Prevention (“CDC”) issued its Interim Guidelines for COVID-19 Antibody Testing in Clinical and Public Health Settings.  In its Interim Guidelines, the CDC recommends that COVID-19 antibody “test results should not be used to make decisions about returning persons to the workplace.”  The CDC notes that, although there are some data suggesting that “the presence of [COVID-19] antibodies may decrease a person’s infectiousness and offer some level of protection from reinfection,” the lack of definitive data makes it unclear whether individuals with antibodies are protected against reinfections and, if so, what concentration of antibodies is needed to protect someone.  The CDC also highlights concerns regarding the likelihood of false positive results.  Ultimately, the CDC notes that although some testing can have “high positive predictive value” regarding immunity to some degree, “until the durability and duration of immunity is established, it cannot be assumed that individuals with truly positive antibody test results are protected from future infection.”

In light of the CDC’s guidance (which, as the CDC notes, can be subject to change as the science develops on this issue), employers should give serious consideration to the role that COVID-19 antibody testing will play in the re-opening or continuation of their businesses.  For questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.  To stay updated on the key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.