Yes, employers may test current employees for TB according to the CDC’s Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Health-Care Settings, 2005 without violating the ADA. The CDC guidelines recommend instituting particular types and duration of TB screening programs for current health care workers in those settings where a threshold level of risk is indicated pursuant to CDC risk assessment standards. The guidelines set forth objective measurements based on the number of TB patients treated in the preceding year and other non-speculative risk factors to determine when testing of current employees is recommended. Therefore, testing under the guidelines will only occur where the employer has a reasonable belief, based on objective evidence, that the employees designated for testing may pose a significant risk of substantial harm to themselves or others.

Source: EEOC fact sheet: “Questions & Answers about Health Care Workers and the Americans with Disabilities Act,” reported in Employment Practices Guide, New Developments ¶5231. The CDC’s guidelines can be found at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5417a1.htm.