In its introduction to the May 28 update, the EEOC was careful to state that its guidance relates only to the analysis of whether mandatory vaccine programs are lawful under the laws it enforces (Photo: David Zalubowski | AP Images)
Key takeaways
- The EEOC has reiterated its position that employers may implement mandatory COVID-19 vaccination policies consistent with equal employment opportunity laws, provided that in doing so, employers allow for an opportunity for employees to request accommodations in the event of disability-related concerns or sincerely held religious beliefs.
- Employers may lawfully offer incentives to employees to voluntarily obtain the vaccine in the community, and may further require employees to show confirmation that they received the vaccination. Employers must maintain vaccine-status information confidentially under the ADA.
The Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 related technical assistance document, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws" (WYSK). This document was first published on March 19, 2020, and was last updated, as noted in this update, on December 16, 2020.
Although the update from May 28 was published without consideration of updated guidance from CDC for fully vaccinated individuals issued on May 13, it still contains valuable guidance for employers with respect to vaccines in the workplace.
Helen Holden is a partner with Spencer Fane LLP in the firm's Phoenix office. With more than 20 years of experience, she helps businesses understand how successfully navigating the alphabet soup of federal and state employment laws can positively impact company culture. Complete your profile to continue reading and get FREE access to BenefitsPRO, part of your ALM digital membership.
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