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In this ever-changing COVID-19 landscape, the prospect of employee vaccinations creates many questions and compliance concerns for employers. These concerns include whether, and to what extent, employers can and should require vaccinations for employees.
While current law does not expressly prohibit employers from requiring employees to be vaccinated, various legal exceptions and practicalities must be considered in determining the best course of action. Considering anticipated employee pushback, many employers will likely encourage vaccinations at some level, while allowing for an appropriate opt-out mechanism for those who refuse.
In the absence of definitive law on this issue, employers should look to guidance provided by federal and state agencies to determine the best course of action.
Key Points
The U.S. Equal Employment Opportunity Commission (EEOC) has expanded its COVID-19 guidance to discuss how federal equal employment opportunity laws including the Americans with Disabilities Act (ADA), Title VII, and the Genetic Information Nondiscrimination Act (GINA) apply to employers who want to provide or mandate COVID-19 vaccines for their employees.
According to the guidance, vaccination itself is not a “medical examination” within the meaning of the ADA. However, to the extent that pre-screening questions are likely to elicit information about a disability, the employer must be able to demonstrate that the pre-screening is “job-related and consistent with business necessity.”
Employers should incentivize, not require, vaccines, employment lawyers say
By Katie Johnston Globe Staff,Updated December 24, 2020, 3:47 p.m.
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Employers are wrestling with whether to require COVID-19 vaccinations before allowing employees back into the workplace.AXEL HEIMKEN/AFP via Getty Images
With a COVID-19 vaccine expected to be widely available by spring, employers are starting to grapple with how to get workers onboard.
Can companies make vaccination mandatory â and threaten to fire those who refuse to roll up their sleeves for an as-yet widely untested medicine?
Should they simply encourage it by offering money or a day off or even a goody bag?
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With several promising vaccinations for the COVID-19 virus scheduled to be released to the public over the next few months, many businesses have been wondering how they can speed up the return to some semblance of normalcy, and particularly what steps they can take to encourage or require their employees to be vaccinated.
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated COVID-19 guidance addressing vaccination programs and policies in the employment context. As a general matter, no federal law prohibits employers from encouraging or facilitating vaccinations for their employees, or even requiring that employees be vaccinated as a condition of employment. However, mandatory vaccination policies by employers implicate concerns under the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act (Title VII), and the Genetic Information and Non-Discrimination Act (GINA
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In this episode of The Proskauer Brief, partners Harris Mufson and Evandro Gigante discuss the U.S. Equal Employment Opportunity Commission’s recent guidance for employers regarding mandatory COVID-19 vaccinations. On December 16th, 2020, the EEOC issued updated guidance for employers in light of the FDA’s recent authorization of Pfizer’s COVID-19 vaccine for emergency use. Widespread vaccinations have been largely perceived as critical in returning all employees to the workplace in a safe manner and allowing employers to resume normal business operations. Tune in as we discuss what many employers should consider regarding requiring employees to be vaccinated before returning to the office.