Thursday, December 17, 2020
On December 16, 2020, just days after the first doses of COVID-19 were administered in the United States, the Equal Employment Opportunity Commission (EEOC) issued updated guidance providing employers with critical information regarding the intersections of mandated employee COVID vaccinations and federal employment laws. This guidance confirms the EEOC’s position that employers are permitted to require employees to receive a COVID-19 vaccination, subject to legal protections related to disabilities, sincerely held religious beliefs, and genetic information.
Employee Disability Exceptions:
Some employees may not be medically able to receive a COVID vaccine due to a disability. The Americans With Disabilities Act (ADA) allows employers to impose a qualification standard ensuring that “an individual shall not pose a direct threat to the health or safety of individuals in the workplace”; however, before an employer can use this requireme