Mandatory COVID Vaccinations?

Late last week, the Equal Employment Opportunity Commission (EEOC) issued new guidance for employers as it relates to the coronavirus vaccine. The most important one is that it is possible for employers to mandate that their employees get vaccinated:

“The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations . . . These principles apply if an employee gets the vaccine in the community or from the employer.

“An employee who does not get vaccinated due to a disability (covered by the ADA) or a sincerely held religious belief, practice, or observance (covered by Title VII) may be entitled to a reasonable accommodation that does not pose an undue hardship on the operation of the employer’s business. For example, as a reasonable accommodation, an unvaccinated employee entering the workplace might wear a face mask, work at a social distance from coworkers or non-employees, work a modified shift, get periodic tests for COVID-19, be given the opportunity to telework, or finally, accept a reassignment.”

It is important to note, though, that vaccination information is confidential medical information under the ADA. Further, “it would also be unlawful to apply a vaccination requirement to employees in a way that treats employees differently based on disability, race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age, or genetic information, unless there is a legitimate non-discriminatory reason.”

For more on the EEOC’s guidance, click here.