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On May 28, 2021, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance regarding workplace COVID-19 vaccination policies and employee accommodations (the “Updated Guidance”). Among other issues, the Updated Guidance clarifies some significant questions that employers have been facing regarding mandatory vaccination policies, vaccine incentive programs, and reasonable accommodations available for both vaccinated and unvaccinated employees.
Mandatory Vaccination Policies
So long as certain requirements are met (see more on accommodation requirements below), the Updated Guidance confirms that an employer may enact a mandatory vaccination policy for all of its employees physically entering the workplace without running afoul of any federal equal employment opportunity laws, including the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act (“Title VII”), or the G