Can Schools Require Employees to Be Vaccinated?

Jan 7, 2021, 1:55 AM

(From Venable LLP) The U.S. Equal Employment Opportunity Commission (EEOC) has published new guidance aimed at helping employers, like independent schools, tackle the wave of issues that will arise once vaccinations become widely available. In short, the EEOC's new guidance says yes, schools can mandate that their employees be vaccinated, subject to some potential exceptions relating to compliance with disability and religious antidiscrimination and accommodation laws. However, EEOC's guidance reflects the EEOC's current views on the application of federal antidiscrimination laws, not state or local laws, which may differ. Furthermore, the EEOC's guidance may change as vaccines become more widely available and as a new administration takes over. The vaccine has not yet been approved for use in minors. When it is, requirements for student vaccinations will depend on state law.