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  • April 30, 2020

    The Value of Updating Workplace Testing Policies in Advance of the COVID-19 Reboot

    Is COVID-19 return-to-work testing of employees lawful? Bryan Symes of Weld Riley S.C. in Eau Claire explores the topic.
    Employer Testing

    The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance document concerning employee/applicant testing, signaling to the regulated community the COVID-19 return-to-work testing of employees is lawful under certain circumstances, according to Bryan Symes of Weld Riley S.C. in Eau Claire.

    In his latest blog post, Symes rapid antibody/serology testing may, like other methods of employee testing, give rise to privacy claims.

    “History teaches us that the most effective defense to these testing-related privacy claims may be advice employee notices,” Symes writes.

    “Employers should be prepared to roll out these policies if the EEOC endorses rapid antibody/serology testing in advance of the anticipated economic reboot.”

    Read the full blog post.

    See more articles and notices on the table of contents page for the Coronavirus & the Law Blog from the State Bar of Wisconsin. To be notified of updates to this blog, subscribe to the Coronavirus & the Law Blog's RSS feed via this link at

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    Coronavirus & the Law, published by the State Bar of Wisconsin, includes legal, law practice, and other information about the impact of coronavirus. To contribute to this blog, contact Shannon Green.

    Disclaimer: Views presented in blog posts are those of the blog post authors, not necessarily those of the Section or the State Bar of Wisconsin. Due to the rapidly changing nature of law and our reliance on information provided by outside sources, the State Bar of Wisconsin makes no warranty or guarantee concerning the accuracy or completeness of this content.

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