(From the National Law Review) On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the FDA. These are the important takeaways for employers under the federal employment laws:
- Employers may require employees to take the COVID-19 vaccine, subject to certain legally protected exceptions for disability and sincerely held religious beliefs.
- Employers may generally request that the employee provide supporting documentation to support exception requests for disability or religious reasons.
- The EEO laws, including the ADA and Rehabilitation Act, continue to apply during the time of the COVID-19 pandemic, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC or state/local public health authorities about steps employers should take regarding COVID-19.
- If no reasonable accommodation is possible and the employee is unable to be vaccinated, the EEOC states that the employer may “exclude” the worker from the workplace, but this does not necessarily mean that the employer can automatically terminate the worker.
- Employers may ask employees to show proof of receipt of a COVID-19 vaccination. This is not a disability-related inquiry under the ADA nor is it a request for genetic information under GINA. Employers are encouraged to warn employees not to provide medical or genetic information as part of the proof.
Read the complete EEOC guidance and article from National Law Review.
