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In this case, the employer is a medium-sized ENT office. Some employees are young single mothers who don't have the resources to comply with this. The question also applies to non-medical employers, of course.

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Depends on your definition of "require".

In case of at-will employment — where the employer can fire an employee for any or no reason (other than that being discrimination of a member of the protected groups) — it would be perfectly legal for the employer to fire an employee who does not comply with that request.

But that aside, no (unless such testing was a term of the employment agreement, be it written or verbal). No party to a contract can require the other party to perform what the contract terms did not include.

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  • Thanks for this response. In a right-to-work state I would guess that at-will employment is not assumed but would be stated specifically in sign-on documents, but I'm not sure. This question may have been better phrased as 'if an employer has received a covid-19 SBA loan, can they require covid-19 employee testing to be done at employee's expense'. I have a feeling that 'rules' concerning covid-19 responses are changing daily.
    – Knoblock
    Apr 30, 2020 at 13:48

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