Thursday, December 17, 2020
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued revised COVID-19 guidance addressing questions related to the administration of COVID-19 vaccinations to employees. Section K of the guidance now addresses several common questions employers have raised with respect to the now-available COVID-19 vaccine. While the EEOC points out that federal employment laws do not prevent employers from following guidelines and suggestions from public health authorities, the administration of vaccines to employees may raise legal issues employers should consider. Here is what you need to know.
Vaccination Is Not a Medical Examination
The EEOC guidance confirms that the “vaccination itself is not a medical examination” within the meaning of the Americans with Disabilities Act (ADA). Thus, the administration of the COVID-19 vaccine is not itself a medical examination prohibited or limited by the ADA.
Should employers require COVID-19 vaccinations for employees?
On Wednesday, the U.S. Equal Employment Opportunity Commission issued guidance for employers who are grappling with whether to make COVID-19 vaccinations mandatory for their workforce.
Rouchell
Up until now, employers could only guess what they could legally do based on decade-old guidance previously issued by the EEOC regarding H1N1 vaccinations.
This latest COVID-19 specific guidance is a welcome development for employers, although there will undoubtedly be more questions raised depending on a given employer’s unique situation.
As such, it is always advisable to consult with experienced employment counsel when navigating these issues.
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Wednesday, December 16, 2020
Last month we discussed whether employers will be able to require employees to obtain a COVID-19 vaccine as a condition of returning to, or remaining in, the workplace. We noted at that time that the conditions for and lawfulness of mandatory vaccination policies was unclear, but that guidance was anticipated from the US Equal Employment Opportunity Commission (EEOC) that would (hopefully) clarify this issue and provide a roadmap for employers and employees dealing with this novel workplace issue.
On December 16, 2020, the EEOC updated its ongoing COVID-19 guidance with questions-and-answers specifically addressing mandatory COVID-19 vaccination policy issues. The short version of this guidance is that employers can implement and enforce mandatory COVID-19 vaccination policies for employees, with certain exceptions and caveats. Here are the key takeaways:
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A Virginia-based food distributor on Wednesday said it would pay $5 million to settle the U.S. Equal Employment Opportunity Commission’s claims that the company routinely refused to hire female applicants for warehouse and driver jobs over the course of a decade.
Performance Food Group Inc (PFG), represented by Littler Mendelson, and the EEOC filed a consent decree in Baltimore federal court ending the 2013 lawsuit after a judge in March denied both sides’ motions for summary judgment. PFG, which denied wrongdoing in the settlement, also agreed not to turn down job applicants because of their sex.
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