The COVID-19 pandemic has raised new concerns about work and public safety. Navigating the COVID-19 safety precautions can be confusing. Here’s what employees need to know about getting tested for COVID-19, and if your boss can force you to get the COVID-19 test.
Employers can require employees to take a COVID-19 test through an exception to the Americans with Disabilities Act. However, employees may legally refuse to take a COVID-19 test if they can demonstrate a disability or religious exemption.
The Americans With Disabilities Act
Generally, the Americans with Disabilities Act (ADA) prevents employers from requiring employees to undergo medical examinations. However, there is an exception for medical examinations that are both related to the job AND necessary for business.
The federal Equal Employment Opportunity Commission has deemed COVID-19 testing as meeting this exception. Under the EEOC, employees that test positive for COVID-19 are a risk to the safety of other employees at the job, as well as the success of the business. As a result, employers are allowed to require employees to take a COVID-19 test as a requirement for working.
Being Legally Exempt from COVID-19 Testing Requirements
An employee may be able to refuse a COVID-19 test if they can demonstrate a recognized disability or a genuine religious belief under Title VII of the Civil Rights Act. In order to prove a disability, an employee should demonstrate that:
- they have some physical disability, mental disability, medical condition, or genetic condition.
- their disability makes it difficult for them to take a COVID-19 test.
In order to prove a religious exemption from the COVID-19 testing, an employee should show the following:
- That they genuinely observe a generally recognized religious faith.
- That their faith prevents them from taking a COVID-19 test.
Typically, there are very few disabilities that make it difficult for an employee to take a COVID-19 test. Likewise, it is very rare for a recognized religious faith to prevent employees from taking a COVID-19 test.
If an employee is able to prove a disability or religious exemption, the employer must provide a reasonable accommodation to allow the employee to work without taking a COVID-19 test.
Related: Wrongful Termination Laws in California
FAQs
Can my boss require me to take a COVID-19 test?
Yes, employers can require their employees to take a COVID-19 test. COVID-19 testing is essential for the safety of employees and customers and is also necessary for a business’s success.
What laws apply to COVID-19 testing at work?
The Americans with Disabilities Act allows employers to require their employers to undergo medical testing if it is related to the job and necessary for business. The Equal Employment Opportunity Commission has designated COVID-19 testing as meeting the standard set by the ADA.
How can I avoid COVID-19 testing?
Employees can avoid COVID-19 testing if they can prove a disability or religious practice that prevents them from getting the test. However, it is very rare for a disability or religious belief to justify refusing a COVID-19 test.
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If you or a loved one would like to know more about an employer forcing you to test for COVID-19, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Employment Attorneys today!