Oct. 13, 2021
Chambers Global Practice Guides
As a result of the COVID-19 global health crisis, federal, state, and local health and safety guidelines for employers are continuously changing. Employers may still follow social distancing policies, hygiene protocols and safety procedures – however, in the state of Massachusetts, these policies are at the discretion of the business owner and are no longer mandated.
In some cases, employers may implement testing or monitor for symptoms, such as taking an employee’s temperature when reporting to work. To comply with ADA regulations, employers must ensure all mandatory COVID-19 testing is “job-related and consistent with business necessity”. Employers must maintain employee privacy rights by keeping COVID-19 test results confidential and separate from an employee’s personnel file. Furthermore, under EEOC guidelines, COVID-19 testing must be accurate and reliable, and employers are prohibited from requiring antibody testing.
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